BBMB Vs. ASHWANI KUMAR

JUDGEMENT

(1.) The instant appeal has been preferred by the appellants/Bhakra Beas Management Board (for short BBMB), who were respondents No. 3 and 4 before the Court below (hereinafter referred to as "the appellants") under Sec. 54 of the Land Acquisition Act, 1894 (for short "the Act") against award dtd. 16/1/2010, passed by learned District Judge, Kangra at Dharamshala, H.P. (hereinafter referred to as "the lea ned Reference Court"), in Reference Case No. 3 of 2008/2001, whereby the learned Reference Court partly all wed the petition filed by the petitioner/claimants (respondents herein) enhancing the market value of the acquired land to Rs.26,00,000.00 per hectare.

(2.) The brief facts of the case are that the petitioners/claimants preferred a petition under Sec. 18 of the Act, wherein they averred that their land in Tikka Katrah Mouza Katrah, Tehsil Fatehpur, District Kangra, H.P., was acquired under the Act for the purpose of Beas Dam Project and award was announced on 6/7/2000, whereby inadequate compensation was awarded by the Land Acquisition Collector. The petitioners pleaded that the Land Acquisition Collector did not consider the average sale value and also did not grant compensation for the trees submerged in Pong Dam reservoir. The possession was taken by the authorities in the year 1974, thus the petitioners are legally entitled for interest @ 12% from the date of possession. Lastly, the petitioners prayed that their petition be allowed and compensation be enhanced.

(3.) The learned Reference Court, partly allowed the petition of the petitione s/claimants by enhancing the market value of the acq ired land to Rs.26,00,000.00 per hectare alongwith s latium, interest etc.. Hence, the appellants/BBMB preferred the instant appeal under Sec. 54 of the Act with a prayer to quash and set-aside the impugned award dtd. 16/1/2010, passed by the learned Reference Court.