STATE OF HP & OTHERS Vs. SATYA PAUL

JUDGEMENT

(1.) The respondents before learned Reference Court below, aggrieved by the award dated 18.8.2007, passed in Land Reference Petition No.7- N/4 of 2005, preferred by the respondent herein (petitioner before learned Reference Court), are in appeal before this Court. The Reference Petition, as aforesaid, preferred by the respondent-petitioner, has been decided vide a common award passed in a bunch of references, the lead case whereof is Reference No.5-N/4 of 2005, titled Jagdish Chand Vs. State of H.P. and another.

(2.) The complaint is that learned Reference Court has erroneously enhanced the compensation with respect to the acquired land at the rate of Rs.2 lacs per bigha, irrespective of its nature and category. The land bearing Khasra No.123/2 entered in Khata-Khatauni No.4, measuring 0-7 Bighas, situate in village Shargaon, Tehsil Rajgarh, District Sirmaur, was acquired for the public purpose, namely construction of Yashwant Nagar-Dhamla (Neripur) Road. The Notification under Section 4 of the Land Acquisition Act was issued on 29.7.1995 and published in H.P. Rajpatra on 9.9.1995. The same was also published in the issue of "Jan Satta", a Hindi daily dated 11.9.1995 and in that of "Vir Pratap", again a Hindi daily in its issue dated 10.9.1995. Notifications under Sections 6 and 7 of the Act were also issued subsequently on 31.9.1996, which were published in two newspapers on 15.10.1996 and 23.10.1996. The land Acquisition Collector-appellant No.2, after following further procedure prescribed under the Act, has announced Award No.40 of 2000 on 31.7.2000 and awarded the compensation with respect to each category of acquired land, as follows: <FRM>JUDGEMENT_241_LAWS(HPH)5_2016_1.html</FRM>

(3.) Learned Additional District Judge has, however, re-determined and re-assessed the market value of the acquired land at the flat rate i.e. Rs.2 lacs per bigha, irrespective of its nature and category.