LAND ACQUISITION COLLECTOR AND OTHERS Vs. KISHAN CHAND

JUDGEMENT

(1.) The instant appeal stands directed against the award rendered by the learned District Judge, Solan, H.P., upon, Land Ref. Pet. No.36-S/4 of 1992, whereunder, he assessed compensation, vis-a-vis, the acquired land, at the rate of Rs.48,000.00 per bigha, along with statutory interest accrued thereon, besides assessed use and occupation charges, at the rate of Rs.1000.00 per bigha, per annum, from the year 1969, till the date of issuance of notification, and, upon the afore quantum, of use and occupation charges, interest at the rate of 7.5 % hence stood levied, from, the date of possession, till deposit, of the afore quantum of use and occupation charges.

(2.) The afore impugned award stood rendered in pursuance to the hereinafter extracted directions, being meted, upon, the learned Reference Court, by this Court while making a decision, upon, RFA No. 114 of 2000, in case titled as LAC & others vs. Kishan Chand:-

(3.) The learned Deputy Advocate General, has contended with much vigour before this Court (i) that the compensation amount computed, in, a sum of Rs.48,000.00 per bigha, falls outside the realm, of evidence, as, exists on record, and, hence, the, computation of compensation, rather meriting interference by this Court. However, the aforesaid contention is rudderless, given the learned Reference Court, while pronouncing a common decision, upon, land reference petitions, bearing No.18-S/4 of 1992, No.8-S/4 of 1992, No.6-S/4 of 1992, No.14-S/4 of 1992, No.15-S/4 of 1992, No.9-S/4 of 1992, No.28-S/4 of 1992, No.30-S/4 of 1992, No.33-2/4 of 1992, No.34-S/4 of 1992, No.36-S/4 of 1992, No.37-S/4 of 1992, No.39-S/4 of 1992, No.40-S/4 of 1992, No.41-S/4 of 1992, No.64-S/4 of 1992, No.67-S/4 of 1992, No.31-S/4 of 1992, No.35-S/4 of 1992, No.66-S/4 of 1992 etc., amongst which land reference petitions, the respondent herein, had also, instituted land reference petition No. 36-S/1992, (ii) rather adjudging compensation borne in a sum o Rs.48,000.00 per bigha, (iii) and, in an appeal carried therefrom, by certain aggrieved landowners, this Court, while pronouncing a common decision, upon, the apposite RFA No. 81 of 1993, along with other connected RFAs, rather affirming the common award rendered, by the learned Reference Court, upon, all the apposite land reference petitions, (iv) one amongst whereof, is, the reference petition constituted, before, the learned Reference Court, by the respondent herein.