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2009 Supreme(SC) 1543

D.K.JAIN, ASOK KUMAR GANGULY
Charan Dass (Dead) By L. Rs. – Appellant
Versus
Himachal Pradesh Housing and Urban Development Authority – Respondent


Advocates Appeared:
Chandra Prakash Pandey, Naresh K. Sharma, Atul Sharma, Sarojanand Jha, M.A. Chinnasamy, Y. Prabhakara Rao, Advs., for the Appearing Parties.

JUDGMENT

D.K. Jain, J.

1. This batch of appeals arises from the final judgment and order dated 7th June, 1999 rendered by the High Court of Himachal Pradesh at Shimla in twenty Regular First Appeals as also final judgment and order dated 14th August, 2003 delivered by the said High Court in twelve cognate Regular First Appeals wherein the former order has been relied upon. By the impugned order, while allowing the appeal preferred by the Himachal Pradesh Housing Board (hereinafter referred to as “the Housing Board”), the High Court has reduced the amount of compensation awarded by the District Judge in Reference under Section 18 of the Land Acquisition Act, 1894 (for short “the Act”).

2. Material facts common to all the appeals and relevant for the purpose of disposal of these appeals, are as follows: The State of Himachal Pradesh, respondent No.2 in Civil Appeal No.2213 of 2001, intended to acquire land of the appellants at Shoghi, about 12 K.M. from the capital of the State at Shimla, for construction of a Housing Board Colony. Accordingly, a Notification under Section 4 of the Act was issued and published in the Himachal Pradesh Gazette on 6th November, 1990. The quality of the





































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