The main legal point established in the judgment is the relevance of the sale deed of adjacent land, geographical and topographical conditions, and the principles established by various Supreme Court judgments in determining the market value of acquired land. Additionally, the judgment emphasizes the importance of communication of the award to the claimants for filing reference petitions within the period of limitation.

JUDGMENT :

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 was also given by displaying the notification at the conspicuous place in village Bhotan through Pradhan, Gram Panchayat. The notices as required under Section 9 (3) and (4) of the Act were served upon the concerned land owners to file their respective claims and 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 petitions 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. Hence, these appeals. The claimant in reference petition in 24/2000 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 have 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 with LAC petition No. 15/2000 titled as Rajkumar vs. GM Thein Dam and others on 21.9.2000. Learned District Judge, Chamba has framed issues on 19.9.2000, 20.9.2000 and 21.9.2000.

7. The claimants have placed strong reliance on sale deed dated 27.3.1997. The sale deed is mark 'A’. PW-7 Chaman Lal is the vendor. According to him, he has sold 1 biswa 5 biswansis of land at village Lehri to PW-6 Kulwant Singh for a consideration of Rs.25,000/-. PW-6 Kulwant Singh is the vendee. He has testified that he has purchased land measuring 1 biswa 5 biswansis from Chaman Lal for a consideration of Rs.25,000/-. Mark 'A’ is the certified copy of sale deed. The learned reference court has taken into consideration mark 'A’, sale deed dated 27.3.1997 of Mohal Lehri. Mohal Lehri is adjacent to Mohal Bhotan. The Notification under Section 4 of the Act was made on 7.4.1997. Thus, the sale deed has rightly been taken into consideration for determination of market value of the acquired land in Mohal Bhotan. Hari Singh and Kalo Devi and Amro have testified that their land was acquired for the construction of Ranjit Dam and they should be paid compensation of Rs. 25,000/- per biswas as their land was more fertile as compared to Mohal Lehri. The distance from Mohal Lehri to their village was 2 kms. There was