SUBHASH MAHAJAN Vs. LAND ACQUISITION COLLECTOR AND ANOTHER

JUDGEMENT

(1.) This appeal is directed against the award dated 9.5.2008 passed by learned District Judge, Bilaspur in Land Reference Petition No. 2 of 1996, whereby the claim of the appellant (hereinafter referred to as the 'petitioner') for compensation with respect to the house he allegedly constructed on the land bearing Khasra No. 87/1 by way of spending huge money though has been acquired, however, no compensation paid.

(2.) The petitioner claims himself to be the owner of land bearing Khasra No. 87 situated in village Baloh, Pargana, and Tehsil Sadar, District Bilaspur H.P. The dispute is qua the compensation paid to him towards the market value of the house i.e. Rs.37,90,000.00, he allegedly had constructed well before the acquisition of the land bearing Khasra No. 87. The land was acquired by the beneficiary i.e. M/s Associated Cement Corporation Limited, Gagal, Cement Works, Barmana, District Bilaspur (H.P.), respondent No.1. The Notification under Sec. 4 of the Land Acquisition Act (hereinafter referred to as the 'Act' in short) was issued on 1.10.1992. The compensation of the acquired land though assessed and paid to the petitioner, however, not qua the house in dispute allegedly was in existence over the acquired land. A sum of Rs.80,00,000.00 was, therefore, claimed as compensation on account of acquired house.

(3.) The respondents have contested the claim of the petitioner on the grounds inter-alia that the market value of the acquired land has been assessed correctly and the petitioner is not entitled to any enhanced amount of compensation. As regards, the market value of the house, it is stated that the house was constructed by the petitioner after the Notification regarding the acquisition of the land under Sec. 4 of the Act was issued. The petition, as such, was sought to be dismissed.