RAMESH Vs. LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) These appeals, arise out of the common award dtd. 2/12/2013 passed by learned Additional District Judge, Sirmaur, District at Nahan, H.P., in LAC Petition No.17-N/4 of 2008 titled as Ramesh and others Versus Land Acquisition Collector and others, LAC Petition No.18- N/4 of 2008 titled as Smt. Shyama Devi and others Versus Land Acquisition Collector and others, LAC Petition No.19- N/4 of 2008 titled as Kesar Singh and others Versus Land Acquisition Collector and others, LAC Petition No.20-N/4 of 2008 titled as Lajender Singh and others Versus Land Acquisition Collector and others and LAC Petition No.21-N/4 of 2008 titled as Rajender and others Versus Land Acquisition Collector and others, are being decided by this common judgment, as common questions of Law and facts, based on common evidence, are involved therein.

(2.) The respondent/State has acquired the land situated in village Dadhog, Tehsil Nahan, District Sirmaur, H.P., by invoking the provisions of Land Acquisition Act (hereinafter referred to as the 'Act'), after issuing notification dtd. 23/2/2006, under Sec. 4 of the Act, for the public purpose i.e. Jamta-Rajban Road. After completing the process under the Act, award No.8 of 2008 dtd. 20/6/2008 was announced under Sec. 11 of the Act, wherein the Land Acquisition Collector had awarded compensation after determining the value of acquired land on the basis of its classification by determining the rate of various kinds of land ranging from Rs.3,894.00 per bigha to Rs.1,28, 502.00 per bigha, on the basis of one year average value of land situated in adjoining village Dhagida, for the reason that no sale transaction had taken place in village Dadhog, one year prior to the date of publication of notification under Sec. 4 (1) of the Act.

(3.) Feeling aggrieved and dis-satisfied with the compensation awarded by the Land Acquisition Collector, land owners/appellants had preferred Reference Petitions under Sec. 18 of the Act, which have been decided vide impugned award dtd. 2/12/2013 passed by the Reference Court, whereby the Reference Court has awarded compensation at uniform rate of Rs.1,29,000.00 per bigha, irrespective of category of classification of the acquired land along with statutory benefits admissible thereon, as per provisions of the Act. Award passed by the Reference Court has been assailed by land owners in present appeals.