LAC Vs. AJODHIA DEVI

JUDGEMENT

(1.) The instant Regular First Appeal has been preferred by the appellants herein against the award rendered on 9.8.2007 by the learned District Judge (F), Shimla.

(2.) Briefly stated the facts of the case are that the petitioners are the legal heirs of original petitioners Hari Nand whose land comprised in Khata Khatauni No. 35/83, Khasra No. 247, measuring 1-89-62 hectares situated in Mauja Bharyal, Pargana Kemli, Tehsil and District Shimla, H.P. was acquired by the State of H.P. Notification to this effect under Sec. 4 of the Land Acquisition Act, 1894 was published in the Dainik Tribune on 1.5.1997 and it was also published in the official gazette of H.P. Government on 24.05.1997. It is pleaded that the adequate and proper market value of the acquired land has not been given to the petitioners whereas it was at the rate of Rs.6 lacs per bigha as per on the date when notification under Sec. 4 of the Act was made. It is also pleaded that by acquisition of this land the remaining land of the petitioners has been badly segmented for which they are required to obtain extra compensation.

(3.) The award of the Land Acquisition Collector was subjected to impeachment by way of the land holders/land owners preferring a reference petition under Sec. 18 of the Act before the learned District Judge (Forest), Shimla. In the impugned award, the learned District Judge on a consideration of the material as laid before him had enhanced compensation qua the land subjected to acquisition. The learned District Judge, in his impugned award has come to enhance the market value of the acquired land to Rs.14,770.00 per bigha irrespective of the classification of lands brought to acquisition.