LAWS(HPH)-2009-6-19

H.P. HOUSING & URBAN Vs. SANTOSH KUMAR

Decided On June 02, 2009
H.P. Housing And Urban Appellant
V/S
SANTOSH KUMAR Respondents

JUDGEMENT

(1.) APPELLANT -Himachal Pradesh Housing and Urban Development Authority has assailed the award dated 21.4.1999 passed by the District Judge, Solan, H.P. in Land Reference case No. 66 -S/4 of 94/93.

(2.) A large chunk of land was acquired by the State for public purpose, namely, setting up of a Housing Colony in District Solan, H.P. Notification under Section 4 of the Land Acquisition Act, 1894 (for short, the Act) was issued on 24.7.1970. The Collector Land Acquisition ultimately passed Award No. 1 dated 21.6.1973, under Section 11 of the Act. Claimants herein felt satisfied with the Award, but, however, other land owners/interested persons whose land was also acquired under the said Award preferred Land Reference petitions under Section 18 of the Act. One such land Reference Petition No. 15 -S/4 of 1976 was decided by the District Judge vide award dated 21.5.1991. Under the said award the compensation payable in terms of the award passed by the Collector was enhanced by assessing the market value of the acquired land to be @ Rs. 4000/ - per bigha.

(3.) BASED on the pleadings of the parties, the Court below framed the following issues : - 1. Whether the order of the Collector dismissing application under Section 28A of the Land Acquisition Act on account of limitation is wrong and liable to be reversed after accepting the reference ? 2. Whether the land of the present petitioners was also acquired under the same notification under Section 4 of the Land Acquisition Act for which amount was enhanced by the learned District Judge on reference ? 3. Final order.