HPPWD THROUGH LAND ACQUISITION COLLECTOR HPPWD WINTER FIELD SHIMLA AND OTHERS Vs. UMA DUTT SON OF SHRI MATA RAM & OTHERS

JUDGEMENT

(1.) Present regular first appeal is filed under Section 54 of Land Acquisition Act 1894 against the award passed by learned District Judge Sirmaur at Nahan on 30.9.2006 in land reference case No. 05 -LAC/4 of 2005 titled Uma Dutt vs. HPPWD.

(2.) Appellants for construction of Damaka -Di - Johadi Bagthan road proposed to acquire land situated at two villages i.e. village Thakrow measuring 1.08 bighas and village Tankan measuring 3.08 bighas in Tehsil Pachhad District Sirmaur H.P. It is pleaded that notification under Section 4 of Land Acquisition Act 1894 was issued on 28.12.2002 and was published in official gazette on dated 3.1.2003 and award No. 9 of 2004 dated 22.4.2004 was passed by learned Land Acquisition Officer and market rate of acquired land was assessed at the rate of Rs. 3500/ - (Rupees three thousand five hundred only) per bigha for all categories of land.

(3.) Land owners demanded Rs. 3 lac (Rupees three lac only) per bigha as value of land and reference petitions under Section 18 of Land Acquisition Act 1894 were filed before learned District Judge Sirmaur at Nahan (H.P.). Learned District Judge framed issues and recorded evidence and after hearing both parties announced the award on 30.9.2006 and enhanced compensation of acquired land to the tune of Rs. 1,80,000/ - (Rupees one lac eighty thousand only) per bigha irrespective of kind and category of land. Learned District Judge also awarded interest at the rate of 12% per annum w.e.f. 28.12.2002 w.e.f. date of notification under Section 4 of Land Acquisition Act 1894 to 22.4.2004. Learned District Judge also awarded solatium at the rate of 30% per annum on the market value and interest at the rate of 9% per annum w.e.f. 28.12.2002 for one year and thereafter at the rate of 15% per annum till the amount is paid/deposited.