RAJINDER SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This Regular First Appeal under Section 54 of the Land Acquisition Act (for short the 'Act') is directed against the inadequacy of compensation awarded by the learned Additional District Judge in Reference Petition under Section 18 of the Act.

(2.) The State of Himachal Pradesh had notified land comprised in Khasra No. 2585/2116/1392/1073/1 measuring 119 square metres situated in mauja Basal Patti Kather, District Solan out of Khassra No. 1392/1073/5 measuring 216 square metres vide. notification issued under Section 4 of the Act. The different notices as envisaged under the Act were timely published and ultimately award No. 16/2006 came to be passed by the Collector on 30.11.2006. However, as per the appellants, the possession of the land had been taken much earlier and thereafter water storage tank was constructed over the same in the month of January, 2003. The Collector awarded a sum of Rs.73.61 per square metre.

(3.) Feeling aggrieved by the inadequacy of the compensation so granted, the appellants filed reference under Section 18 of the Act claiming that acquired land was adjacent to the National Highway and having high potentiality and therefore, compensation @ Rs.10,000/- per square metre ought to have been granted. It was also claimed that as per the settlement inter se the appellants, land measuring 215 square metres fell to the share of appellant No. 1 Rajinder Kumar, and after the State having acquired 109 square metres of land the remaining 97 square metres land adjoining to the water storage tank had become useless. The appellants claimed compensation for such damages.