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2016 Supreme(HP) 1038

AJAY MOHAN GOEL
Shankar Singh – Appellant
Versus
State of H. P. – Respondent


Advocates Appeared:
For the Petitioners:Mr. R.K. Gautam, Senior Advocate with Ms. Megha Kapoor Gautam, Advocate.
For the Respondents:Mr. V.S Chauhan, Advocate General.

JUDGMENT :

Ajay Mohan Goel, J.

1. By way of present petition, the petitioners have prayed for the following reliefs:-

“(i) That the respondents may kindly be directed to make payment to the petitioners for the land situated in Khata Khatauni No. 29 Khasra No. 171/1 measuring 2.7 Bighas for the construction of the road as per rates of compensation already settled by the District Judge vide its award dated 28.2.2006 and upheld by this Hon’ble Court vide judgment dated 23.12.2008 along with solecium, interest etc. etc.

(ii) That in alternative of prayer No. (i) above, the respondents may be directed to initiate land acquisition proceedings under Land Acquisition Act and to make the payment of compensation according to the provisions of Land Acquisition Act.”

2. The case of the petitioners is that the respondent-department acquired land for the construction of Namhol-Asha Majari Road and for the said purpose it issued a Notification under Section 4 of the Land Acquisition Act. After complying with the provisions as envisaged in the Land Acquisition Act, an award was passed by respondent No. 2 on 20.1.1997. Against the said award, reference petitions were also preferred in the Court of learn








































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