BACHNA RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) Both these appeals (R.F.As. No. 1 and 25 of 1991) are being disposed of by a common judgment as these arise out of the same impugned award dated 17.7.1990 whereby Reference petitions of the appellants -claimants were allowed along with four other Reference petitions and the market value of the acquired land was determined at the rate of Rs. 15,000/ - per bigha for Bangar I & II, Rs. 12,000/ - for Bangar III and Rs. 10,000/ - for Ghasni, Charand, Banjar Kadeem -and Gair Mumkin.

(2.) Feeling aggrieved by the amount of enhancement by the District Judge, the appellants -claimants have preferred these appeals and claimed market value of the acquired land at the rate of Rs. 20,000/ - per bigha irrespective of the kind of the land.

(3.) Brief facts of the case are that the lands of the appellants -claimants were acquired for the public purpose of establishment of Housing Colony at Datyar, Tehsil Kasuli, District Solan by Notification dated 8.4.1980 issued under Section 4 of the Land Acquisition Act (hereinafter called as the Act.) After holding enquiry under Section 11 of the Act, Land Acquisition Collector gave his award on 22.10.1982 under Section 12 of the Act and the following market value of the land was determined : . Bangar Awal Rs. 10,000/ -per bigha Bangar Doem Rs. 7,600/ - per bigha Banjar Kadeem Rs. 5,000/ -per bigha Ghasni, Gair mumkin and Charand Rs. 3,000/ - per bigha.