UNION OF INDIA Vs. SHIV RAM & ORS

JUDGEMENT

(1.) The instant Regular First Appeal stands preferred by the appellant herein against the award rendered on 05.04.2003 by the learned District Judge, Kinnaur Civil Division at Rampur Bushahr, H.P.

(2.) Briefly stated the facts of the case are that the lands of respondent No.1 herein comprised in Khata No. 1096/1307, 1558/1780, khasra Nos. 6297 and 5305, total area measuring 7 bighas 19 biswas, situated at village Averi, Phati and Tehsil Nirmand, District Kullu, H.P. stood acquired for defence purposes. The Land Acquisition Collector vide award No.1/98 of 19.3.1998 determined diverse rates qua market value for diverse categories of lands whereupon he concomitantly determined diverse rates of compensation amount qua diverse categories of lands brought to acquisition.

(3.) The award of the Land Acquisition Collector was subjected to impeachment by way of the land holders/land owners preferring a reference petition under Section 18 of the Land Acquisition Act before the learned District Judge, Kinnaur Civil Division at Rampur Bushahr, H.P. In the impugned award, the learned District Judge, on a consideration of the material as laid before him, had enhanced the compensation amount qua the land subjected to acquisition. The learned District Judge, in his impugned award has come to enhance the market value of the acquired land to Rs.60,000/- per bigha irrespective of the classification of lands brought to acquisition.