STATE OF H.P. Vs. NIHALOO RAM

JUDGEMENT

(1.) This Judgment shall dispose of seven appeals, i.e. RFA Nos. 266, 268, 276, 280, 308, 317 and 345 of 1997, which have been filed by State of H.P. against common award, dated 28.11.1996, passed by the learned District Judge, Shimla, in Land Reference Case Nos. 212-S/4 of 1993, 213-S/4 of 1993, 209-S/4 of 1993, 210-S/4 of 1993, 215-S/4 of 1993, 214-S/4 of 1993 and 211-S/4 of 1993, respectively. The parties are referred in the same manner, as in the impugned award.

(2.) The brief facts are that a Notification, under Section 4 of the Land Acquisition Act, 1894 (for short, the Act) was issued by the State, which was published on 8.6.1991, for acquisition of land for construction of Kalbog-Kuinal road. The land situated at villages Rajtari and Gadaog in Tehsil Kotkhai, District Shimla was covered by the Notification, under Section 4 of the Act. The Land Acquisition Collector (for short, Collector) announced the award on 29.12.1991, and as per impugned award, the Collector awarded following compensation:

(3.) The claimants-petitioners were not satisfied with the award, which was given by the Collector, therefore, they filed reference petitions, under Section 18 of the Act. Their grievance was that Collector has not assessed the market value of the acquired land and trees correctly. Apart from this, it is stated that there were 13 more apple trees on the land of the petitioners Nihalu Ram etc., which were damaged, but no compensation thereof was awarded. The compensation regarding retaining wall on the acquired land of Nihalu Ram etc. has not been given. In the case of Palas Ram and others, it has been stated that there were 16 apple trees, but compensation has been awarded only in respect. of 11 apple trees. In the case of Mathu Ram, it has been alleged that no compensation regarding Gharat has been awarded. In the case of Mathu Ram, it has been stated that there were 50 apple trees, but compensation has been awarded only in respect of 47 trees. In the case of Gopi Nand, there were 55 apple trees, but compensation has been awarded in respect of 46 apple trees.