SAVITRI DEVI Vs. STATE OF H.P.

JUDGEMENT

(1.) BY means of this writ petition, the petitioner has prayed that the order dated 16.5.2005, passed by the Land Acquisition Collector, Kangra, rejecting his petition under Section 28 -A of the Land Acquisition Act, 1894, (hereinafter referred to as the Act), be quashed and set aside. The petitioner has also prayed that the compensation in this case may be re -determined and she be awarded compensation as has been paid to the claimants in RFA No. 152 of 1995.

(2.) BRIEF facts necessary for disposal of the case are that the State of Himachal Pradesh issued a notification under Section 4 of the Act proposing to acquire land for the construction of Mukerian -Talwara -Nurpur -Chakkidhar road. In this notification, the land of various land owners was sought to be acquired. The acquisition proceedings culminated in the award of the Land Acquisition Collector passed on 27.4.1991.

(3.) THE learned Single Judge dealt with prayer of the petitioner in the following terms: Faced with this situation, learned Counsel for the respondent submitted that liberty may be reserved to his client to approach the Land Acquisition Collector under Section 28 -A of the Land Acquisition Act, 1894 so as to avail benefit of decision of this Court in RFA No. 152 of 1995 and other connected cases dated 4.8.2003 and as modified vide order dated 8.4.2004. It hardly needs to be pointed out in this behalf that if law permits this, respondent can always approach the Land Acquisition Collector, who shall then proceed to dispose of the matter strictly in accordance with law, without being influenced by anything said in this order.