COLLECTOR LAND ACQUISITION, KANGRA Vs. GURMIT SINGH MANN

JUDGEMENT

(1.) Present appeal has been preferred by the appellants-State against the Award dated 24.10.2009, passed 1 by learned Additional District Judge, Fast Track Court, Kangra at Dharamshala, H.P., in RBT Reference Case No.2/2004/2002, titled as Gurmit Singh Mann vs. The Collector, whereby value of the land under acquisition has been determined by the Reference Court @ Rs.1,40,000/- per kanal alongwith statutory benefits. Whereas land ownerrespondent has preferred cross-objections for further enhancement of the compensation.

(2.) The land under acquisition was acquired by the State of Himachal Pradesh, for construction of road in Mohal Chelian, Mauza Mant, Tehsil Dharamshala, District Kangra, H.P., by invoking the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) by issuing Notification dated 28.03.1998 under Section 4 of the Act. After completing all codal formalities, the Land Acquisition Collector, had passed Award No.86 dated 21.12.2000, determining value of the land on the basis of its classification and had determined the value of land as under:-

(3.) Value of the land determined by the Land Acquisition Collector was assailed by the land owner by filing a Reference under Section 18 of the Act, wherein Reference Court, after considering the sale deed Ex.P-2, produced in evidence by the land owner, has determined value of land @ Rs.1,40,000/- per kanal.