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2018 Supreme(HP) 1447

VIVEK SINGH THAKUR
Bhag Singh – Appellant
Versus
Collector Land Acquisition Hppwd Mandi – Respondent


Advocates Appeared:
Ms. Leena Advocate vice and Mr. G.R. Palsara, Advocate, for the Appellant; Shiv Pal Manhans, Ms. Rameeta Kumari, Addl. Advocate General with Mr. R.R. Rahi Deputy Advocate General, for the Respondent

JUDGMENT

Vivek Singh Thakur, J. (Oral) - This appeal has been preferred against the impugned order passed on 28.3.2011 by learned Additional District Judge, Mandi, whereby name of Chamaru Ram, predecessor-in-interest of appellants, has been ordered to be deleted on the ground that said Chamaru Ram had expired on 01.06.1999 prior to receipt of the reference petition in Court on 19.2.2003.

2. Relevant facts for adjudication of present appeal are that the respondent/State had acquired land in village Piyun, Sub Tehsil Aut, District Mandi for construction of Aut-Takoli-Parashar road by completing the process under Land Acquisition Act, 1894 (hereinafter to be referred to as ''the Act'') after issuance of notification under Section 4 of the Act published in Rajpatra on 2.3.1991. Land Acquisition Collector had passed award under Section 11 of the Act determining the compensation payable to the land owners/claimants.

3. Being aggrieved by inadequacy of compensation awarded, land owners including deceased Chamaru Ram along-with co-sharers had preferred applications to the Land Acquisition Collector to make reference under Section 18 of the Act for enhancement of compensation. The said appli

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