LAWS(HPH)-2007-4-51

STATE OF H.P. Vs. DEVI RAM

Decided On April 23, 2007
STATE OF H.P. Appellant
V/S
DEVI RAM Respondents

JUDGEMENT

(1.) THE brief facts necessary for the adjudication of this petition are that the respondents had filed petition under section 28-A of the Land Acquisition Act, 1894 for re-determination of enhanced compensation on the analogy of award announced by the learned District Judge, Solan on 5.1.1998. The Land Acquisition Collector held the respondents entitled for the enhanced compensation as under: <FRM>JUDGEMENT_673_TLHPH0_2007.htm</FRM>

(2.) THE Land Acquisition Collector, HPPWD, South Zone, Winter Field, Shimla had sent a notice to the Director Department of Tourism and Civil Aviation and the Executive Engineer, Shimla Division No.2 HPPWD, Shimla directing them to arrange for deposit of the amount of Rs. 19,32,699.00 with up to date interest. The Joint Director Tourism and Civil Aviation had submitted reply to the notice on 30.1.2003.

(3.) MR . Ramakant Sharma, Advocate appearing on behalf of the respondents had argued that the petitioner under section 28-A of the Act was within time and he further submitted that the award was made by the Collector Land Acquisition on 28.11.2000 and this petition has been filed on 20th May, 2004 and the same suffers from delay and laches. I have heard the parties and perused the record.