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2016 Supreme(SC) 1417

RANJAN GOGOI, PRAFULLA C.PANT
Shawal Singh (D) Thr. Lrs. – Appellant
Versus
Land Acquisition Collector, HP – Respondent


Advocates Appeared:
For the Appellant :M.L. Varma, Sr. Adv., Suresh Singh and P.N. Puri, Advocates.
For the Respondents:Y. Prabhakara Rao and Pragati Neekhra, Advocates.

ORDER :

The challenge in this appeal is to the order dated 11th March, 2005 of the High Court of Himachal Pradesh by which compensation at the rate of Rs. 23,115/- per kanal has been granted to the claimant along with all statutory benefits including interest and solatium. Aggrieved by the said award and claiming higher compensation this appeal has been filed.

2. The total area of the land acquired in the present case is 98 kanals and 2 marlas out of which the appellants own about 7 kanals. The Land Acquisition Collector while determining the compensation classified the land into three categories and awarded the compensation as follows:

"Barani Abbal

Rs.

23,115/- per kanal;

Banjar Quadim

Rs.

7,234.20 paise per kanal

Gair Mumkin

Rs.

14,285.80 paise per kanal"

3. The Reference Court dismissed the claim for higher compensation. Aggrieved, an appeal under Section 54 of the Land Acquisition Act, 1894 was filed by the claimant. The High Court by the impugned order took the view that as the purpose of acquisition was for building a housing colony the categor






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