MANSA RAM Vs. STATE OF H P

JUDGEMENT

(1.) The appellants are aggrieved of the award dated 7th July, 2005, passed by the District Judge, Kinnaur, Civil Division at Rampur Bushahr, H.P. in Land Reference Petition No. 4 of 2003, titled as Mansa Ram and others vs. State of Himachal Pradesh and others, whereby their petition filed under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as the "ËœAct') stands dismissed. For the public purpose namely "Construction of Sidhpur-Bahali-Sarahan Road" the State acquired land situated in village Chiksa of Tehsil Rampur, District Shimla.

(2.) The present appellants' land was also acquired for the said public purpose. The extent of the appellants' land is Khasra No. 199/1 measuring 0-04-54 hectares, Khasra No. 567/1 measuring 0-03-14 hectares, and Khasra No. 569/1 measuring 0-03-14 hectares. Dissatisfied with the same, the appellants filed Land Reference petition under Section 18 of the Act. . The Court below dismissed the said petition for want of any material to establish that the market value of the compensation awarded by the Collector was in fact lower than the true and correct market value or that the Collector had not awarded adequate compensation to the appellants. In support of their claim the appellants have examined Shri Mansa Ram PW-1, Shri Kam Raj PW-2, Shri Sidhu Ram PW-3, Shri Dalip Singh PW-4. In rebuttal, the respondents-State has examined Shri Ram Lal RW-1.

(3.) Having perused the record, I am of the view that the impugned award passed by the Court below cannot be interfered with for the reason that there is no material on record to prove the fact that the market value of the acquired land was in fact higher than what was determined by the Collector in terms of its award passed under Section 11 of the Act.