LAWS(HPH)-1986-8-5

STATE OF HIMACHAL PRADESH Vs. CHHAJU RAM

Decided On August 13, 1986
STATE OF HIMACHAL PRADESH Appellant
V/S
CHHAJU RAM Respondents

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 Section 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 total amount of compensation payable in each case in view of the provisions of amending Act of 1984, however, needs determination.