LAWS(HPH)-2016-4-126

RAMA NAND Vs. STATE OF H.P.

Decided On April 27, 2016
RAMA NAND Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) This judgment shall dispose of both appeals arising out of the same award.

(2.) Appellants herein are resident of village and Post Office, Kufri, Tehsil and District Shimla. There land situate in village Kufri Junga, Tehsil Shimla was acquired by the respondent-State for the construction of Kufri Byepass road in order to widen the Shimla-Wangtu National High Way-22. Notification under Section 4 of the Land Acquisition Act was issued on 5.9.1996. The Land Acquisition Collector has assessed the market value of the acquired land as under:-

(3.) The appellants herein were not satisfied with the assessment of the market value of the acquired land so made by the Land Acquisition Collector and they preferred references registered as RBT/FTC No. 8-S/4 of 2004/2000 and RBT/FTC No. 10-S/4 of 2004/2000 for seeking re- determination of the market value of the acquired land. The other right holders Puran Chand etc. and Virender Kumar etc. had also preferred references registered as RBT-FTC No. 9-S/4 of 2004/2000 and RBT-FTC No. 7-S/4 of 2004/2000 for re-determination of the market value of the acquired land. The Land Acquisition Collector has forwarded the references so made by the appellants herein and aforesaid Puran Chand etc. as well as Virender Kumar etc. to the District Court, Shimla. All the four references came to be decided by a common award under challenge in these appeals. Learned Reference Court on appreciating of the evidence has re-determined the market value of the acquired land as under:-