ARUN KUMAR SARUP Vs. LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) Since common questions of law and facts arise for consideration in these petitions, the same were taken up together for hearing and are being disposed of by a common judgment.

(2.) Briefly stated the facts of the case are that the petitioner, Indian Council of Agricultural Research (ICAR) in C.R. No.75/2008 had acquired the land of the petitioners (landlords) in C.R. No. 60/2008 comprised in Khasra Nos. 126/2, 126/3, 126/4, 126/5, 126/6, 126/7, 126/11, 126/12, 126/16, situated at Station Ward Boileauganj, Shimla and Khasra No. 104, situated at Village Penjari, Tehsil and District Shimla, total measuring 6852.1 sq. yards for setting up Regional Station.

(3.) After completion of all codal formalities, award was passed by the Land Acquisition Collector on 27.4.1984. Aggrieved by the said award, the landowners preferred land reference before the learned District Judge, which was decided on 28.6.1989 by awarding compensation for the total land measuring 6852.1 sq. yards @ Rs. 110/- per sq. yard. Thereafter, both the parties, i.e. landlords and ICAR preferred appeals before this Court being RFA Nos. 103/1989 and 104/1989 respectively, which were decided by a common judgment, dated 12.11.1997. The appeal filed by the ICAR was dismissed, whereas the appeal filed by the landlords was allowed and the compensation was enhanced from Rs.110/- per sq. yard to Rs. 165/- sq. yard.