Karishan Kumar and Others vs Land Acquisition Collector, HPPWD Central Zone Mandi, (HP). and State of Himachal Pradesh

Surinder Singh, J.—The present appeal has been filed by the claimants for enhancement of the award passed in reference petition No.3 of 2005 by the learned District Judge vide his detailed judgment dated 27.10.2006. As a matter of fact, the State Public Works Department (Central Zone Mandi, HP) issued notification u/s 4 of the Land Acquisition Act, in short ''the Act'' on 7.10.2002 published in the HP State Rajpatra on 20.12.2002 notifying acquisition of the impugned land for the construction of the Hamirpur bye-pass road in the revenue estate named Chaula Kalan, Mauza Bajuri Tehsil and District Hamirpur, H.P. The Khasra numbers and the nature of the land have been given in the impugned award. The learned Land Acquisition Officer awarded the amount on the basis of classification of the land though after following procedure laid in the Act, but feeling aggrieved by the impugned award passed by the land Acquisition Officer, the appellants herein filed the reference petition for the determination of the value of the land after considering their objections.

In the light of the evidence adduced before it, the learned District Judge answered the reference in affirmative thereby enhancing the award to the tune of Rs.18,000/- per marla irrespective of the classification of the land with all the statutory benefits including additional amount calculated @ 12% per months u/s 23 (1a) and compulsory acquisition charges and solatium u/s 23 (2) of the Act with interest as per Section 28 and 35 of the Act.

The appellants felt aggrieved by the impugned award and filed the instant appeal for its further enhancement on the ground that in RFA No. 379 of 2006 Surinder Kumar versus L.A.C. and others along with other connected matters, this Court on reconsideration of the matter enhanced the amount to the tune of Rs. 38,400/- per marla, qua the land for the same purpose regarding which notification u/s 4 of the Act was issued on 20.12.2002.

According to the learned counsel for the appellants, the date of notification u/s 4 of the impugned land is the same as was involved in another RFA No. 291 of 2007 Premi Devi versus Land Acquisition Collector, along with other connected matters, decided on 24.4.2010, acquired for the identical purpose and the same criteria has been adopted and the amount of Rs. 38,400/- per marla was awarded.

Keeping in view the above admitted facts, I do not see any reason to differ with the above judgments passed by this Court to avoid any inconsistency. The claimants thus would be entitled to the same relief irrespective of the classification of the land and the value of their land is also assessed to be Rs. 38,400/- per marla. The impugned award is accordingly modified to the above extent. It is clarified that the claimants/appellants in addition, shall be entitled to statutory compensation and interest on the enhanced amount, keeping in view the ratio laid down by the apex Court in Sunder Vs. Union of India, . With the above modification in the impugned award, the appeal stands disposed of.