DHANU Vs. STATE OF H. P.

JUDGEMENT

(1.) All these appeals, preferred by the State of H.P. as well as land owners, arising out of common award passed by learned District Judge, Solan (hereinafter referred to as 'the Reference Court') in Land Reference Petitions No. 23-S/4 of 2008, titled Dhanu vs. State of H.P., 24-S/4 of 2008 titled Jodha Singh and others vs. State of H.P. and others and 6-S/4 of 2008 titled Tulsia and others vs. State of H.P. and others involving common question of facts and law, are being decided vide this common judgment.

(2.) Appeals bearing Nos. 356 of 2009 titled Dhanu (deceased) through LRs vs. State of H.P., 357 of 2009 titled Tulsia (deceased) through LRs vs. State of H.P. and 358 of 2009 titled Baldev Raj vs. State of H.P. have been preferred by land owners for further enhancement, whereas appeals bearing Nos. 382 of 2009 titled State of H.P. vs. Baldev Raj, 383 of 2009 titled State of H.P. vs. Dhanu (deceased) through LRs and 384 of 2009 titled State of H.P. vs. Tulsia (deceased) through LRs have been preferred by the State being aggrieved by enhanced value determined by the Reference Court.

(3.) State of H.P. has acquired land situated in village Gather, Tehsil Arki, District Solan for construction of NamholBahadurpur road by invoking the provisions of Land Acquisition Act (hereinafter referred to as 'the Act') after issuing notification dated 17.8.2006 under Section 4 of the Act, which was lastly published on 10.12.2006. The Land Acquisition Collector vide its award No. 34 of 2007 dated 10.12.2007 had determined the value of land on the basis of classification i.e. cultivable at the rate of Rs.29,947/- per bigha and uncultivated land at Rs.5757/- per bigha.