LAWS(HPH)-2019-11-34

STATE OF H.P. Vs. VISHAL

Decided On November 06, 2019
STATE OF H.P. Appellant
V/S
VISHAL Respondents

JUDGEMENT

(1.) These appeals have been preferred by State against awards of even dated 05.07.2018, passed in LAC Case Nos. 09/2016, titled Vishal & others vs. The State of H.P. through Secretary Irrigation and Public Health Shimla & others; 04/2016, titled Sudesh & others vs. The State of H.P. through Secretary Irrigation and Public Health Shimla & others; 02/2016, titled Kamla & others vs. The State of H.P. through Secretary Irrigation and Public Health Shimla & others; 08/2016, titled Raj Kumar & others vs. The State of H.P. through Secretary Irrigation and Public Health Shimla & others; 7/2016, titled Rania Ram son of Shri Ghinnu Resident of Parchhod, Tehsil Bhattiyat, Distt. Chamba since deceased through Surinder Singh & others vs. The State of H.P. through Secretary Irrigation and Public Health Shimla & others; 01/2016, titled Onkar Singh & others vs. The State of H.P. through Secretary Irrigation and Public Health Shimla & others; and 06/2016, titled Prithi Singh & others vs. The State of H.P. through Secretary Irrigation and Public Health Shimla & others.

(2.) All these appeals are being decided by this common judgment, as common question of law and fact, involved therein, is to be adjudicated on the basis of identical facts and circumstances.

(3.) In all these cases appellants-State has acquired land located in Mohal Parchhod, Tehsil Bhattiyat, District Chamba, H.P. for public purpose i.e. for construction of Finna Singh Medium Irrigation Scheme, after resorting to the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (herein after referred to as the Act for short), by issuing common notification dated 22.6.2013 under Section 4 of the Act, which was published in Raj Patra on 25.06.2013. After completing the codal formalities, Land Acquisition Collector has determined the value of land ranging from '3520/- per biswa to '23,320/- per biswa on the basis of classification of land by passing a common Award No.329 dated 17.10.2015.