H.P.HOUSING BOARD Vs. HARI SEN

JUDGEMENT

(1.) Himachal Pradesh Housing Board (briefly, "the Board") had filed an appeal under section 54 of the Land Acquisition Act read with section 96, C. P. C. against the judgment/award of the District Judge, Mandi, Kullu and Lahaul and Spiti Districts at Mandi, in this Court. It was feeling aggrieved by the order of the learned District Judge dated September 11, 1986, by which compensation for acquisition of land belonging to the respondents had been enhanced from Rs. 14.17 paisa per square metre to Rs. 70 per square metre The State Government had acquired 8710 square metres of land for the Board for building a Housing Colony in Sundernagar in District Mandi. The money required for the acquisition was to be paid by the Board. The award was made by the Land Acquisition Collector, Sundernagar, on March 3, 1984, and the amount thereof was deposited by the Board on March 13, 1984.

(2.) Alongwith the appeal, an application was also filed by the Board in this Court seeking permission to file the appeal. The Board said that it was an interested party and was aggrieved by the order of the District Judge because it has to make payment of exhorbitant amount of compensation determined by the learned District Judge. This application was rejected by the learned Chief Justice, sitting singly, by his order dated November 12, 1987.

(3.) The first five respondents are the persons whose land has been acquired. The State of Himachal Pradesh has been impleaded as the sixth respondent, inasmuch as, it did not file an appeal against the order of the learned District Judge. The present Letters Patent Appeal by the Board is under Article 10 of the Letters Patent. The respondents having interest in the land are represented by a counsel who appeared in consequence of notice, pending admission of the appeal, being issued to these respondents by this Court He was also heard. As prayed by the learned Counsel for the appellant -Board as also for respondents, this appeal is being disposed of finally at the admission stage itself.