RAM LAL Vs. L.A.C.

JUDGEMENT

(1.) ALL these appeals and Cross Objections are being disposed of by a common judgment as they relate to acquisition of land for the purposes of setting up a Cement Plant by Associated Cement Company (ACC) Limited, Barmana. Parties have agreed and consented that the point of law being common in all these appeals and Cross Objections, the cases be taken up and decided together.

(2.) IT is undisputed before me that Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act) was issued by the Himachal Pradesh Government on 7.10.1978 for acquisition of land in various villages in and around Barmana for public purpose which was described as mining of limestone, construction of a factory and residential complex by the Associated Cement Company Limited. This Notification was published in the Himachal Pradesh Rajpatra on 21.10.1978. The Land Acquisition Collector by his award granted compensation according to the classification of the land i.e. to say: -

(3.) IT is undisputed that prior to the present appeals being instituted, the Associated Cement Company had petitioned this Court against the award made by learned District Judge, which appeals were allowed and the cases were remanded for decision afresh in accordance with law as directed. 3. 5. Before referring to the submissions made by the learned counsel for the parties, the details of the acquired land may be considered which are tabulated here -in -below: - 4. 6. Cross Objections have been preferred by respondent No.2 -Company in each of the appeals. The claimants have prayed that the value of the land was not less than Rs.40,000/ -per bigha. Learned counsel appearing for the petitioner submit that since the purpose of the acquisition was for mining, the nature of the land did not make any difference and that it had to be assessed at a flat rate.