State of H.P. and another vs Dev Kala

Justice V.K. Ahuja, J.—This is a regular first appeal filed by the appellants u/s 54 of the Land Acquisition Act, hereinafter referred to as the Act, against the award of the learned Additional District Judge, Fast Track Court, Kullu, dated 25.11.2004, passed in Reference Petition No. 141/2002/RBT No. 124/04.

Briefly stated, the facts of the case are that the land of the respondent was acquired vide notification issued u/s 4 of the Act, dated 7.7.1996, for the purpose of construction of bye pass National Highway 21. The award was passed by the court of the learned Additional District Judge awarding compensation at the rate of Rs. 3.00 lacs per bigha. The land of the petitioner, respondent herein, was measuring 011-1 bigha. The present appeal has been preferred by the State of H.P. against the said award.

The learned counsel for the respondent has placed on record a copy of the judgment passed by a learned Single Judge of this Court in RFA 29 of 2004 and other connected appeals, decided on 2.12.2008, wherein also vide notification issued u/s 4 of the Act, dated 5.6.1995, the land was acquired for the construction of ''Ramshila-Bijli-Mahadev road''. The notification in the present case was issued subsequently as is clear from the dates mentioned above. The award has been passed on the basis of the earlier notification issued for the construction of a road in the same area and the challenge was laid by the appellants to the award passed in this case vide which the compensation was awarded at the rate of Rs. 3.00 lacs per bigha. The learned Single Judge of this Court has upheld the award passed in the said case whereby compensation at the rate of Rs. 3.00 lacs per bigha was granted. The land involved is in the same area, though for construction of different roads and by different notifications, but the said award has been upheld by this Court, which was passed on the basis of same set of evidence, as submitted by the learned counsel for the parties. The State has not gone in appeal against the judgment passed by the learned Single Judge and as informed, the amount has also been released in that case. Accordingly, the amount of compensation granted in the present case cannot be challenged by the appellants.

Therefore, there is no merit in the appeal filed by the appellants in view of the judgment passed by the learned Single Judge of this Court referred to above and accordingly the award passed by the learned trial Court is upheld. The appeal stands disposed of accordingly. However, there is no order as to costs.