STATE OF H P Vs. MEHTAB SINGH

JUDGEMENT

(1.) This appeal has been preferred by the State of H.P. against impugned award dated 16.4.2009 passed by learned District Judge, Hamirpur (hereinafter referred to as 'the Reference Court') in Land Reference Petition No. 1 of 2006 titled Mehtab Singh and others vs. Land Acquisition Officer and another,whereby value of land acquired by State for construction of Bhota-Hamirpur-Nadaun road in village Khairi, Tehsil Nadaun, District Hamirpur has been enhanced and determined from Rs.7000/- per marla to 28,500/- per marla.

(2.) It is undisputed fact that appellants have acquired the land of respondents/land owners situated in village Khairi for construction of road by invoking the provisions of Land Acquisition Act (hereinafter referred to as 'the Act') by issuing notification dated 30.5.2000, last publication whereof was on 6.6.2001. After completing the codal formalities under the Act, Land Acquisition Collector has passed award No. 17 of 2003 on 9.5.2003 determining the value of land as Rs.7000/- per marla. As in award passed by Land Acquisition Collector, benefit of Section 23(1)(A) of the Act was given from wrong date, therefore, the award was modified on 9.6.2006.

(3.) In reference petition, preferred by respondents/land owners, under Section 18 of Act for enhancement of compensation, value of land has been re-determined at Rs.28,500/- per marla.