L.A.C.SOLAN Vs. BHOOP RAM

JUDGEMENT

(1.) The following appeals are being disposed of by a common judgment, as these pertain to acquisition of land acquired for the public purpose of construction of Solan By -Pass Road (National Highway No. 22) : - SI. R. F A Title Reference No. No. Petition No.

(2.) Appeals at Serial Nos. 1 to 7 arise out a common award dated 31 -8 -1983 whereby seven reference petitions bearing Nos. 21 -S/4 of 1979, 22 -S/4 of 1979. 24 -S/4 of 1979, 23 -S/4 of 1979, 25 -S/4 of 1979, 43 -S/4 of 1977 and 48 -S/4 of 1977 were decided. All the appeals except R. F. A. No. 9 of 1984 have been filed by the State of Himachal Pradesh to challenge the enhancement of market price of the acquired land awarded by the District Judge. On the other hand, ia R. F. A, No. 9 of 1984t claimant Bhoop Ram has challenged the market price of the acquired land awarded by the District Judge on the ground that it is not fair and just and has prayed for its enhancement. No appeal has been Sled either by the State or the claimants in respect of the land of Reference Petition No. 25 -S/4 of 197 titled Jeet Ham v. H. P. State. R. F. A No 115 of 1984 at the instance of the State has been filed against the award dated 31 -5 -1983 passed by District Judge, Solan and Strmaur Districts at Nahan challenging the enhancement of the market price of the acquired land awarded therein. In R. F. A. No. 60 of 1984, the claimant has challenged the award dated 11 -7 -1984 passed by District Judge, Solan and Sirmaur Districts Campt at Solan praying for further enhancement of the market price of the acquired land.

(3.) For acquiring the land, which is subject matter of these appeals, two notifications we re issued under section 4 of the Land Acquisition Act (hereinafter called the Act). By the first notification dated 12 -9 -1974, the land of original claimants Santosh Puri, G. P Bharatwal, Matu Ram and Om Parkash was acquired, whereas, by second notification dated 11 -8 -1977 land of original claimants Munshi Ram, Naraini, Bhadur Chand, Jeet Ram and Bhoop Ram was acquired, After holding enquiry under section 9 of the Act and considering the objections of the interested persons, the Land Acquisition Collector determined the market price of the acquired land as under : - Award No. and date Village Classification Rate per Bigha/ per square metre 256/77 Saproon Bangar II Rs 26f355 per Bigha 10 -7 -77 Bangar Kadeem, Ghasni land, Charand and Rs. 6,400 per Bigha Gairmumkin 255/77 9 -8 -77 Kather Bangar I (Bagicha) Rs. 40 per sq. mtr. Jai Safaid Rs. 10 -do - Bagicha Ghasni Rs. 10 -do - Ghasni land Rs. 8 -do - Gair Mumkin land Rs. 8 -do - 15/78 Basal Bangar I Rs. 25,000 per Bigha Bangar Kadim Rs. 7,000 per Btgha Ghasni and Gair Rs. 6,000 per Bigha Murnkin