STATE Vs. CHHAJU RAM

JUDGEMENT

(1.) The benefits which accrue to the owners of the acquired land or persons interested therein under the provisions of the Land Acquisition (Amendment) Act, 1984 (Act No. 68 of 1984) (for short, the amending Act of 1984) and particularly the transitional provisions incorporated in S.30, ibid fall for consideration in these seven Regular First Appeals.

(2.) In all these cases, land was acquired for the purpose of constructing Pong Dam in the State of Himachal Pradesh. The controversy between the parties pertains to the market-value of the acquired land. It has been conceded by the learned counsel for the parties that the capitalised value of similar type of land stands finally determined by the Supreme Court in Union of India v. Shanti Devi, AIR 1983 SC 1190. Thus, there is no dispute that the amount awarded by the learned District Judge in each case has to be reduced by 25% as was done in Shanti Devi's case (supra).

(3.) The particulars of each case and the amount payable therein are indicated in the following table : Sr. No. No. and Year of RFA Market-value awarded by District Court. Market-value payable as per S.C. decision (25% less than awarded by the District Judge. Excess market-value awarded (col. 3 - col. 4) <FRM>JUDGEMENT_79_AIR(HP)_1987Html1.htm</FRM> The amount of excess market-value awarded in each case has been given in column No. 5 above and the appeals, to that extent, have to be allowed.