LAWS(HPH)-2018-8-121

STATE OF HIMACHAL PRADESH THROUGH THE LAND ACQUISITION COLLECTOR, WINTER FIELD, H.P. PWD, SHIMLA, H.P. & OTHERS Vs. SH. RAVINDER SHARMA ALIAS RAVINDER KUMAR (DECEASED) THROUGH LRS AND OTHERS

Decided On August 30, 2018
State Of Himachal Pradesh Through The Land Acquisition Collector, Winter Field, H.P. Pwd, Shimla, H.P. And Others Appellant
V/S
Sh. Ravinder Sharma Alias Ravinder Kumar (Deceased) Through Lrs And Others Respondents

JUDGEMENT

(1.) CMPST/11928/18 in RFA No. 255 of 2015 Application be registered. For the reasons set out in the application, the same is allowed and name of Sh. Ravinder Sharma alias Ravinder Kumar (respondent No. 1), who has since expired on 13.01.2018, is directed to be substituted with that of his LRs i.e. Subhadra Sharma alias Satya Devi, Lalit Sharma, Kusum Sharma and Yogeta Sharma. Registry is directed to carryout necessary corrections in the Memo of parties. Application stands disposed of. RFA Nos.255/2015 a/w RFA Nos.256/2015, 318/2016, 320/2015, 321/2015 & RFA No. 83/2015 In these appeals, so filed under section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act), the beneficiary(ies) as also the claimants have assailed the common award dated 17.11.2014, passed by learned District Judge, Shimla, H.P., in Land Reference No. 8-S/4 of 2009, titled as Sh. Ravinder Sharma alias Ravinder Kumar v. State of Himachal Pradesh & others , alongwith other connected matters.

(2.) Having heard learned counsel for the parties as also perused the record, this Court is of the considered view that no interference is warranted in the appeals, so filed by the State or the cross-appeal by the claimant(s).

(3.) The State is aggrieved of the fact that redetermination of the market value of the acquired land leading to enhancement of amount of compensation is contrary to law. Whereas, claimants claim that they ought to have been awarded compensation for severance of land.