KALA PANT Vs. LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) JUDGMENT Rajiv Sharma, J. Since both the appeals are directed against the common award dated 17.5.2003 passed by the District Judge, Shimla in Land Reference No. 38 -S/4 of 1999 and Land Reference No. 37 -S/4 of 1999 as such both these appeals are being disposed of by this common judgment.

(2.) THE brief facts necessary for the adjudication of these appeals are that total 11 -14 Bighas of land situated at Mauza Bhajyad, Tehsil and District Shimla was acquired by the Public Works Department for construction of Dhami -Bans road. A notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as ˜the Act for brevity sake) was published on 10.8.1996. Another notification under Section 6 read with Section 7 of the Act was published in the official gazette on 20.9.1997. The land was measured, classified and thereafter an inquiry under Section 9 of the Act was conducted on 13.8.1999, after issuing notice to the interested persons. After concluding inquiry, the Land Acquisition Collector has awarded the compensation to the land owners as under as per the classification of the land : Variety of landRate per Bigha Kiar Doyam Rs. 30130.43 paise Bakhal AvalRs. 22521.74 paise Bakhal DoemRs. 15217.39 paise Bakhal Soyam Rs. 7608.70 paise GhasniRs. 1826.09 paise BanjarRs. 913.05 paise

(3.) THE learned District Judge has recorded the following findings on the aforesaid issues : - Issue No : 1Discussed and decided as below. ReliefThe petitioners are awarded enhanced compensation as per operative portion of the award.