SHANKARI Vs. STATE OF H.P. & ANR.

JUDGEMENT

(1.) Since common questions of law and facts are involved in both these appeals, the same were taken up together for hearing and are being disposed of by a common judgment.

(2.) RFA No. 49 of 2009 has been instituted against the land reference No. 39-S/4 of 08/06 rendered by the learned District Judge (F), Shimla on 23.12.2008 whereby the reference court has awarded compensation of Rs. 5,32,416/- per bigha regardless the nature and category of the land along with statutory benefits. The State has also filed an appeal against the land reference No. 39-S/4 of 08/06 dated 23.12.2008 for setting aside the award. According to the grounds taken in the appeal, the award made by the Land Acquisition Collector was in accordance with law.

(3.) The Government of Himachal Pradesh issued a notification under section 4 of the Land Acquisition Act, 1894 (hereafter referred to as the "Act" for brevity sake) to acquire the land of the claimants on 18.11.2003. The report under section 5-A(2) of the Act was sent to the Government on 7.4.2004. The notification under section 6 of the Act was issued on 17.6.2004. The notification under section 9(1) of the Act was issued to the claimants and they were directed to appear before the Land Acquisition Collector on 17.8.2004 at 11.00 A.M. The Land Acquisition Collector assessed the value of the claimants' land @ Rs. 80,000/- per bigha. The claimants filed a petition under section 18 of the Act seeking enhancement of compensation of their land before the learned District Judge. The reference petition was allowed by the District Judge on 23.12.2008 and he awarded compensation of the acquired land @ Rs. 5,32,416/- per bigha regardless the nature and category of the land and the structure on it @ Rs. 5,40,000/-.