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1997 Supreme(HP) 56

KAMLESH SHARMA, A.K.GOEL
GULABI – Appellant
Versus
STATE OF H. P. – Respondent


Advocates Appeared:
Shri B.K. Malhotra and D.V. Sharma, for the Appellant; Shri D.C. Pathik Additional Advocate General, for the Respondents

JUDGMENT

ARUN KUMAR GOEL, J.— Since all the aforesaid appeals have arisen out of common award, as such we propose to take up and dispose of these appeals together and by a common judgment.

2. Brief facts of this case are that land was proposed to be acquired for public purpose namely, for construction of National Highway-21 and for this purpose Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) was issued vide Notification SE-VI/1A Padoh/G-V-1963 8-42, dated 23-1-1983 by Himachal Pradesh Government in its public works Department under Sections 6 and 7 was issued on 24\1\1983. There were followed by futher notice U\S. 9 of Land Acquistion Act to the persons interested, who appeared before the Land Acquisition Collector. Total land sought to be acquired was 9-2-13 bighas and was of different qualities, viz., Barani-I 6-3-10 bighas, Barani-11 1-8-5 bighas, Banjar Kadim 0-0-9 bighas, Gair Mumkin 1-8-17 bighas and Kharater 0-1-12 bighas. Market value of the land on the date of notification under Section 4 was assessed quality-wise by the Land Acquisition Collector whereby rate of Barani-I was fixed at Rs. 9,140/- per bigha, Barani-11 was f

















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