SECRETARY, H.P.P.W.D. Vs. TUNGLU

JUDGEMENT

(1.) THE present appeal arises out of the award dated 12.11.2002 passed by the Additional District Judge, Shimla, Camp at Rohroo, in Land Reference No. 12 -S/4 of 1999 titled as Tunglu v. State of H.P. through Secretary (PWD) and Ors..

(2.) PETITIONER 'sland bearing khasra No. 440/1 situate in Village Sharkhali; District Shimla, H.P., measuring 0 -09 -21 Hects. was acquired for the public purpose, namely, construction of Badiara - Kaloti -Dhumadhar road vide Notification issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act ') dated 15.11.1996 and published in Rajpatra on 30.11.1996.

(3.) COMPENSATION for the trees on the acquired land was separately assessed. Being dis - satisfied by the Collector 'saward, the land owner filed a reference petition under Section 18 of the Act seeking enhancement of compensation, claiming the value of the land to be Rs. 5 lacs per bigha and @ Rs. 6,000/ - per tree for a total number of 35 trees falling on the acquired land.