KHEM RAJ Vs. STATE OF H.P.

JUDGEMENT

(1.) The instant appeal has been preferred by the appellants, who were the petitioners before the learned Court below against the award dtd. 18/6/2016, passed by learned District Judge (Forests), Shimla, H.P., (hereinafter referred to as "the learned Reference Court"), in Reference Petition No. 6-S/4 of 2015/13, whereby reference petition filed by petitioners was allowed and the award of the Land Acquisition Collector was modified to the extent that the market value of the land acquired was assessed as Rs.324.32 per square meters alongwith additional compensation, Solatium, interest etc.

(2.) The brief facts of the case are that land of the petitioners, comprised in Khasra No. 451, measuring 0-08- 57 hectares, was acquired by respondent No. 1 for construction of Shananghati-Dargi-Machryana link road, vide Notification dtd. 30/12/2009, under Sec. 4 of the Land Acquisition Act (for short " the Act ") . After the completion of acquisition proceedings, the Collector passed the award on 16. 02.2012, vide award No. 67/2012.

(3.) The petiti ners/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 amount, which was allowed and award of the Collector was modified to the extent that market value of the land acquired was assessed as Rs.324.32 per square meter and the petitioners were also held entitled for the following reliefs:-