H.P. HOUSING BOARD Vs. NARESH KUMAR

JUDGEMENT

(1.) A challenge has been laid to the order dated 12.6.2002 passed by the learned Land Acquisition Collector (Rural), Shimla in case No.6/95.

(2.) THE brief facts necessary for the adjudication of this petition are that the State of Himachal Pradesh had issued Notification under Section 4 of the Land Acquisition Act on 27.7.1988 for the acquisition of track of land for construction of residential housing colony. The total notified land 1 Whether reporter of local papers is allowed to see the judgment? No. acquired by the State of Himachal Pradesh was 153.02 bighas. The land measuring 5.02 bighas owned by respondents No.1 to 4 was also included therein. The Land Acquisition Collector made an award on 1.11.1990 and awarded compensation at different rates. One Smt.Mathi Devi preferred reference under Section 18 of the Land Acquisition Act, 1894 seeking enhancement of compensation. The learned Additional District Judge vide his common award dated 28.8.1995 had assessed the market value of the land at Rs.1,22,500/- per bigha. The respondents No.1 to 4 filed petition under Section 28-A of the Land Acquisition Act for re-determination of the compensation on the basis of the Award dated 28.8.1995 made in Smt.Mathi Devi's case. The Land Acquisition Collector(Rural), Shimla vide order dated 12.6.2002 awarded a sum of Rs.12,53,666/- to the respondents No.1 to 4.

(3.) I have heard the learned counsel for the parties and have perused the record of the case carefully.