SARUP SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THE claimants have assailed the impugned award dated 30.9.2005, passed by the Additional District Judge (Fast Track Court), Shimla (H.P.), in RBT FTC No. 43-S/4 of 2004/99, titled as Sarup Singh & Ors. v. State of H.P.

(2.) FOR the public purpose, namely, construction of Dhali-Dakahal- Jakrari road, the claimants land measuring 3 biswas comprised in Khasra No. 299/1 situate in village Parali, Tehsil Kotkhai, Distt. Shimla, H.P. was acquired. Notification u/s 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') issued on 8.8.1996 was published in the H.P. Rajpatra on 7.9.1996. The Collector passed his award u/s 11 of the Act on 19.8.1997. The compensation towards the fruit bearing trees was awarded by the Collector while determining the market value of the acquired land. With respect to the trees existing on the acquired land, no compensation was awarded by the Collector.

(3.) BASED on the pleadings of the parties, the Court below framed the following issue :-