LAND ACQUISITION COLLECTOR AND OTHERS Vs. KANWAR SINGH

JUDGEMENT

(1.) This regular first appeal is directed against the award of the learned District Judge, Solan, H.P. dated 7.8.2010, rendered in Reference Petition No. 7-S/4 of 2009.

(2.) "Key facts" necessary for the adjudication of this regular first appeal are that the notification under Sec. 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) was issued on 16.5.2005 for acquiring the land of the respondent-claimant (hereinafter referred to as the claimant), bearing Kh. Nos. 27/1, 32/1, 74/1, kita-3, measuring 1-0 bighas, situated in Village Nataila, Tehsil Kandaghat, Distt. Solan, H.P. for the construction of Sayri-Danwati road. It was published in the Rajpatra on 3.6.2005. The Land Acquisition Collector, HP PWD, South Zone, Winterfield, Shimla, announced the award on 17.5.2008, bearing No. 10/2008, whereby the market value of the acquired land was assessed at the rate of Rs. 5,14,384.00 per bigha for Bangar Awal and at the rate of Rs. 74,669.00 per bigha for Bangar Kadeem kind of land. Dissatisfied with the award of the Land Acquisition Collector, HP PWD, Shimla, the claimant sought a land reference petition No. 7-S/4 of 2009 before the Reference Court for determination of market value of the acquired land and for enhancement of the rate.

(3.) According to the claimant, the compensation awarded by the Land Acquisition Collector was on the conservative side. The market value of the acquired land was Rs. 50,00,000.00 per bigha at the relevant time. The damage was also caused to his adjoining land. The petition was contested by the appellants. The case of the appellants before the Reference Court was that the price claimed by the claimant was exorbitant and the assessment of the compensation was made strictly as per law.