LAWS(HPH)-2008-3-63

STATE OF H.P. Vs. SHANKAR DASS

Decided On March 24, 2008
STATE OF H.P. Appellant
V/S
SHANKAR DASS Respondents

JUDGEMENT

(1.) THIS judgment shall dispose of RFA Nos. 414, 415, 416, 417 and 418 of the 2006, arising out of Land Ref. Pet. No. 11 of 2002, Land Ref. Pet. No. 7 of 2002, Land Ref. Pet. No. 8 of 2002, Land Ref. Pet. No. 9 of 2002 and Land Ref. Pet. No. 10 of 2002 respectively decided by learned District Judge, Bilaspur by common award dated 5.7.2006.

(2.) THE facts in brief are that Public Works Department Himachal Pradesh for acquiring land in village Namhol, for public purpose for construction of Rajghat -Sai -Magzin road issued notification on 21.3.1995 under Section 4 of the Land Acquisition Act, 1894 (for short ˜the Act), which was published in the official Gazette on 22.4.1995. The Land Acquisition Collector (for short Collector) announced the award No. 21 of 1998 on 24.11.1998 and assessed the market value of the acquired land as per classification as follows : -

(3.) THE aforesaid five reference petitions were contested by the Collector and were consolidated vide order dated 9.6.2003 passed by learned District Judge in Land Ref.Pet. No. 11 of 2002. The following issues were framed by learned District Judge in the reference petitions : -