The main legal point established in the judgment is the determination of the limitation for filing reference petitions and the adequacy of compensation for structures and trees on the acquired land.

Rajiv Sharma, J.

Since common questions of law and facts are involved in all these appeals, the same were taken up together for hearing and are being disposed of by a common judgment.

2. “Key facts” necessary for the adjudication of these appeals and cross-objections are that the land of the respondents-claimants situated in Mohal Bhotan, Pargana Chuhan, Tehsil Dalhousie, District Chamba was acquired for public purpose, namely, for construction of reservoir of Ranjit Sagar (Thein Dam) Project. Notification under section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the “Act”) was published on 7.4.1997. It was published in the Rajpatra on 10.5.1997. It was also published in two daily newspapers Jansatta and Indian Express on 29.4.1997. The Notification was also displayed at the conspicuous place of the locality. Thereafter, notification under Sections 6 and 7 of the Act was issued on 3.9.1997. It was also got published in State Rajpatra on 20.9.1997. The notification was also published in two daily newspapers i.e. Jansatta and Indian Express on 4.10.1997 and 5.10.1997. Wide publicity of the same was also given by displaying the notification at the conspicuous place in village Bhotan through Pradhan, Gram Panchayat. The notices as required under Sections 9(3) and (4) of the Act were served upon the concerned land owners, to file their respective claims and their objections and the Collector after conducting enquiry assessed the market value of the acquired land situate in village Bhotan as given in the Award for different classifications of land alongwith statutory benefits. The claimants aggrieved by the Award made by the Land Acquisition Collector on 27.1.1999 filed reference petition under Section 18 of the Act for enhancement of the compensation. The learned District Judge enhanced the rate of compensation irrespective of the classification of the land on 10.12.2009 to Rs.15,000/- per biswa or say Rs.3.00 Lakh per bigha alongwith statutory benefits. Hence, these appeals. The claimants in RFA’s No. 132, 133, 135, 136 and 138/2010 also filed cross-objections for enhancement of the Award.

3. Mr. Anuj Nag, Advocate has vehemently argued that the reference petitions were barred by limitation. He has supported the Award made by the Land Acquisition Collector dated 27.1.1999.

4. Mr. Adarsh Sharma, Advocate, has vehemently argued that the deductions made by the learned District Judge, are contrary to the law. He has prayed for enhancement of the compensation.

5. I have heard the learned Counsel for the parties and gone through the record carefully.

6. The Land Acquisition Collector has made the Award on 27.1.1999. The acquired land falls in Mohal Bhotan. The land was acquired for construction of reservoir. The reference petitions were ordered to be tagged on 25.9.2000 and 22.12.2001 with LAC petition No. 17/2000 titled as Thakur Chand vs. GM Ranjit Sagar Dam and others. Learned District Judge, Chamba has framed issues on 25.9.2000, 27.9.2000 and 28.9.2000.

7. The claimants have placed strong reliance on sale deed dated 27.3.1997. The sale deed is Ext PW-3/A and notification under Section 4 of the Act was made on 7.4.1997. Sale deed Ex.PW-3/A pertained to Mohal Lehri which is adjoining to Mohal Bhotan where the acquired land is situated.

8. PW-1 Mohinder Lal Singh has deposed that they were not given any notice under Section 12 (2) of the Act. When they came to know about the acquisition of their land, they went to their advocate and filed reference petitions for enhancement of compensation. The reference petitions were filed within limitation. They should have been paid compensation of Rs.25,000/- per biswa. Their land was more fertile as compared to Lahri Mohal. They used to grow ginger, garlic and cardamom. Bhotan mohal was situated at a distance of 2-3 furlong from village Salti and Dakhnyali in Punjab, which were located on the road side. They have lost their TD rights, grazing rights and fuel wood rights etc