BUDHI RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) The present appeal arises out the impugned award dated 28th October, 2003, passed by the District Judge, Shimla, in Land Reference No. 2 -S/4 of 2000, titled as Budhi Ram and others v. State of H.P. and others, enhancing the compensation payable to the claimants.

(2.) FOR the public purpose, namely, construction of Devgarh link road/appellants/claimants/ 19 biswas of land, comprising of Khasra No. 611/341/1, situated at village Baggi, District Shimla, Himachal Pradesh, was acquired by the State of Himachal Pradesh, vide Notification published in the Gazette of Himachal Pradesh on 18th March, 1995, issued under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act). The Collector passed award No. SML 24/91, dated 6th March, 1997, awarding Rs. 3,985/ - as compensation for the acquired land. Since the claimant had planted fruit and non -fruit bearing trees on the acquired land, compensation for the same was awarded separately, vide joint supplementary award No. 24/91, dated 24th November, 1997 and the Collector awarded a total sum of Rs. 28,947/ - as compensation for the trees out of which amount payable to the claimants was Rs. 17,550/ -. The solatium and other statutory benefits were also directed to be paid to the claimants.

(3.) THE Court below, after appreciating the material on record, held that the claimants had not been able to sustainable their plea that the total acquired area was one bigha and not 19 biswas. With regard to the enhancement of the market value of the land, the Court did not rely upon the statements of Chet Ram (PW -2) and Karam Das (PW -4), who referred to and deposed with regard to the award Ex.PW -4/A, for the reason that the compensation awarded, in terms of the said award was composite both for the land and the trees.