(Sanjay Karol, J.) (Oral) - In the present case, the State has assailed the impugned Award dated 19.7.2005 passed by the District Judge, Shimla, in Land Reference Petition No. 29-S/4 of 2003 titled as Lachhu (deceased) through his LRs. Keshav Ram & Ors. v. State of H.P. and others,for the reasons that the enhancement of the compensation is on the higher side.

2.Brief facts necessary for disposal of the present appeal are as under :

3.The claimants land ad-measuring 3-12 bighas comprised in Khasra No. 561/528 situated in village Rajhana, Tehsil Shimla, H.P. was acquired for the public purpose, namely, ‘construction of Sewerage Treatment Plant at Rajhana’. Notification under Section 4 of the Land Acquisition Act (hereinafter referred to as ‘the Act’), was lastly published in H.P. Rajpatra on 18.12.1999. The Collector, Land Acquisition, passed Award under Section 11 of the Act, whereby the market value of the acquired land for different categories was determined as under :-

(i) Kiar Awba : Rs. 3,37,391.22 per bigha

(ii) Kalahu Awbal : Rs. 3,37,391.22 per bigha

(iii) Bakhal Awbal : Rs. 3,37,391.22 per bigha

(iv) Bakhal Doem : Rs. 2,95,652.10 per bigha

(v) Banjar/Gair Mumkin: R