TRIBHUWAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant appeal has been preferred by the appellants, who were petitioners/claimants before the learned Court below (hereinafter referred to as "the petitioners/claimants ") under Sec. 54 of the Land Acquisition Act, 1894 (for short "the Act ") against award dtd. 26/12/2012, passed by learned District Judge, Kinnaur at Rampur Bushahr (hereinafter referred to as "the learned Reference Court "), in Land Reference Petition No. 65 of 2006.

(2.) The brief facts of the case are that the land of the petitioners/claimants and that of the proforma respondents, out of khasra No. 472, measuring 0/3/66 hectares, situated in revenue village Lathi, Tehsil Kumarsain, District Shimla, H.P., was acquired by the State Government for public purpose, i.e. for construction of Oddi-Joksha-Kumarsain road and in this regard Notification under Sec. 4 of the Act was issued on 3/11/2003. The said notification was published in Rajpatra on 14/11/2003 and in two newspapers, i.e., Divya Himachal on 21/11/2003 and in Dainik Jagran on 22/11/2003. Subsequently, Notification under Ss. 6 and 7 of the Act was issued on 27/4/2004 and it was published in Rajpatra on 17/5/2004. The notification under Sec. 6 and 7 was also published in newspapers, i.e., Dainik Jagran on 16/5/2004 and in Punjab Kesari on 18/5/2004. The Land Acquisition Collector made inquiry under Sec. 9 of the Act and found that no sale transaction took place in village Lathi within one year prior to the date of publication of notification under Sec. 4 of the Act. Therefore, on the basis of the average price of village Kumarsain, which was adjoining to village Lathi, the prices were approved by the Collector as under: <IMG>JUDGEMENT_4_LAWS(HPH)1_2026_1.jpg</IMG>

(3.) The petitioners/claimants, feeling aggrieved with the award of the Land Acquisition Collector preferred a petition under Sec. 18 of the Act before the learned Reference Court for enhancement of the compensation, which was allowed by the learned Reference Court and the petitioners/claimants were held entitled for compensation on the basis of market value of their land @ Rs.16,000.00 per biswa or Rs.425.52 per centare alongwith solatium, additional compensation and interest etc.. However, the petitioners/claimants feeling still aggrieved preferred the instant appeal under Sec. 54 of the Act with a prayer to allow the instant appeal and modify the impugned award, dtd. 26/12/2012, passed by the learned Reference Court, by enhancing the compensation amount.