STATE OF H.P. Vs. KAMLA NAND

JUDGEMENT

(1.) By way of instant appeal filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act), challenge has been laid to common award dated 27.06.2015, passed by learned District Judge(Forest), Shimla in Reference Petition No.39-S/4 of 2013/12, titled as Kamla Nand vs. State of H.P. & Others, alongwith other Land Reference petitions, as described in the award.

(2.) Undisputedly, the suit land belonging to the claimants, situate in Village Shilgaon, Tehsil Jubbal, District Shimla, H.P., came to be acquired for public purpose; namely; construction of "Thana Tarun Road" and acquisition proceedings commenced with the issuance of Notification under Section 4 of the Act on 01.08.2005. The Land Acquisition Collector (for short 'LAC') passed award No.45/2008, dated 29.09.2008 and awarded compensation of the acquired land as per the classification of the land mentioned in the award.

(3.) Claimant, being aggrieved and dissatisfied with the amount of compensation awarded by 'LAC', preferred reference petition under Section 18 of the Act, before the learned District Judge(Forest) Shimla, seeking therein enhancement of compensation, awarded by the Land Acquisition Collector. Learned District Judge (Forest) vide common judgment dated 27.06.2015, passed in above numbered reference petition, re-determined the market value of the acquired land @ Rs.1627.44 per square meter.