SUHRU RAM Vs. LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) THE claimants have filed the present appeal assailing the impugned award dated 5.2.2005 passed by the District Judge, Hamirpur, in Land Reference petition No.01 of 2003, titled as Suhru Ram and others vs. Land Acquisition Collector, Mandi, seeking further enhancement of the compensation awarded by the Court below.

(2.) FOR the public purpose, namely, construction of Sewerage Treatment Plant at Hamirpur, in Village Usiana, Mouza Bajuri, Tehsil and District Hamirpur, the claimants land comprising Khasra No. 413/1, 411/1, 412/1 and 415/1 measuring 2772.32 sq. meters in village Usiana, Tehsil Hamirpur, was acquired by the State. Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) was published in the H.P. Rajpatra on 22.7.2000. The Land Acquisition Collector in terms of Award No.76/RC -1 of 2003 dated 28.5.2002, determined the market value for the acquired land to be Rs.1214/ - per hundred sq. meters and accordingly determined the compensation due and payable to the claimants.

(3.) AGGRIEVED of the same, the claimants filed Land Reference petition under Section 18 of the Act claiming enhancement of the compensation as determined by the Land Acquisition collector. The petition was opposed by the respondent -State. The Court below framed the following issue: - 1) Whether the petitioners have not been paid adequate and sufficient compensation in accordance with the market value of the acquired land, if so, to what effect? OPP Opportunity to adduce evidence was afforded to the parties.