DURGAVATI Vs. NATHPA JHAKHRI POWER PROJECT

JUDGEMENT

(1.) THE appellant has assailed the impugned award dated 2nd November, 2001 passed in Land Ref. Petition No. 18 of 1998, titled as Durgavati v. Land Acquisition Collector, whereby appellant's Land Reference Petition was dismissed upholding Award No. 36/97 dated 28.11.1997 passed by the Collector. The appellant's land measuring 0 13 22 Hectare, situate in Up Mohal Punspa, Tehsil Nichar, District Kinnaur, H.P., was sought to be acquired in terms of Notification issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to Act), published on 20.5.1995. The Collector (Land Acquisition) passed the Award No. 36/97, awarding a sum of Rs. 1,64,860.46 as compensation. In terms of the said award the land of the appellant was assessed separately and compensation for fruit and non fruit trees was also got separately assessed through District Horticulture Officer, Horticulture Department, H.P. in accordance with the norms laid down by the State Government at Rs. 20,566 00.

(2.) FOR the purposes of ready reference, amount so awarded by the Collector is reproduced as under:

(3.) THE respondents did not lead any evidence except for tendering copy of award dated 10.8.2000 passed in Land Reference Petition No. 201 of 1995/94 in case titled as Dorje Namgial v. Land Acquisition Collector and Anr. passed by District Judge, Kinnaur at Rampur Bushahr, H.P. (hereinafter referred to Award No. 201). The same pertains to the land adjacent to the appellant's land acquired vide Notification dated 25.8.1990.