L.A.C. Vs. BHAGAT RAM

JUDGEMENT

(1.) The present appeals arise out of the different awards passed by the different Courts in different Land Reference Petitions filed by land owners, whose lands were acquired by the same notification for the same public purpose, namely, construction of Bakhalag -Baproon - Tali Road, The courts below, in all the awards have received to and relied upon the award dated 28th July, 2003 passed by Additional District Judge, Solan in Land Reference No.26 -S/4 of 2001 which is the subject matter of challenge before this Court in RFA No. 252 of 2004 titled as L.A.C. and another Vs. Bhagat Ram, and others, therefore, all these appeals are being decided together by this common judgment.

(2.) The brief facts of each case, however, are mentioned herein separately as under: RFA No. 252 of 2004.

(3.) For the public purpose, namely, construction of Bakhalag -Bapdoon -Tall road, the State of Himachal Pradesh published a Notification dated 6th June, 1994 under Section 4 of the Land Acquisition Act, 1894 ( hereinafter referred to as the Act) for acquisition of the respondents land ad -measuring 3 -7 bighas comprising Khasra No. 217/16/1, 218/16/1 and 218/16/3 situate in village Bawan, Tehsil Arki, District Solan. The Collector passed its award No. 11/97 on 5th November, 1997, awarding compensation as under: 1.Mazrua (Cultivated) Rs.39,000/ -per bigha. 2.Gair Mazrua (uncultivated) Rs.6,000/ - per bigha.