The main legal point established in the judgment is that the evidence presented must be reliable and warrant reliance for re-determination of market value. Additionally, the court emphasized that the land should be valued at flat rates, irrespective of its categorization.

JUDGMENT :

Dharam Chand Chaudhary, J.

This judgment shall dispose of present appeal and its connected matters as aforesaid having arisen from the common award dated 31.5.2008 whereby learned District Judge, Bilaspur has dismissed the references under Section 18 of the Land Acquisition Act preferred by the appellants herein.

2. The appellants (hereinafter referred to as the petitioners-claimants) are resident of two different villages namely Devla Chamb and Nehar. Their land was acquired for the public purpose namely construction of Kol Dam Hydro Electric Project. The Notification under Section 4 of the Act to acquire the land of the petitioners-claimants measuring 422-05 bighas situate in both the villages was issued on 16.10.2000. The same was published in the issue of Hindi daily 'Divya Himachal' and English daily =Indian Express' on 20.10.2000, whereas in the gazette on 18.10.2000. The Land Acquisition Collector (Kol Dam), the 1st respondent on observation of the entire procedure prescribed under the Act has announced award No. 3/2002 pertaining to this acquisition. The Collector taking into consideration that in both villages no instance of sale of land had taken place preceding one year from the issuance of the Notification under Section 4 of the Act has made the rates of land approved by the District Collector, Bilaspur vide letter No. BLS-KDR-4 (9)/94-III-18777 dated 10.5.2002 basis to assess the market value of the acquired land and on categorization of the same on the request of the petitioners-claimants into two different categories i.e. Majrua (Barani/cultivated land) and =Gair Majrua' (uncultivated land) determined the market value of the =Majrua' as Rs.4,68,496.11/- and that of =Gair Majrua' Rs.1,04,117.44/- and awarded the compensation payable to the petitioners-claimants accordingly. They, however, being aggrieved and dissatisfied with the determination of the market value by the 1st respondent have preferred the references under Section 18 of the Act. The same were forwarded to learned District Judge, Bilaspur.

3. The references eight in number came to be registered. The grouse as brought to the Court by the petitioners-claimants was that the market value of the acquired land determined by learned Collector is highly inadequate, as according to them taking into consideration the proximity of the acquired land from the national highway, ACC Barmana and Dehar Power House, its market value should have not been less then Rs.10,000,00/- (ten lac) per bigha. The compensation, therefore, was sought to be enhanced taking into consideration the following factors:

(i) That this land is immediately adjoining Mandi District and Slapper Colony and Hydle Project known as Dehar Power House which is also very near to it.

(ii) That near to it A.C.C. Factory, Barmana is also situated, which is a very important business concern. Due to this the value has also multiplied many fold.

(iii) That N.H. 21 passes near to this land and the same is very useful for any business.

(iv) That all modern facilities like hospitals, schools, college, roads etc. are available nearby which has added high in its value.

(v) That due to Dehar Power House and A.C.C. Barmana, it has become tourist place due to its geographical situation, which has multiplied its value.

(vi) That due to hilly terrain a land is scares and demand is very hgith even for one bishwa one has to pay lacs of rupees and due to high value no body can dare to purchase land in Bighas.

(vii) That this land is known for sugarcane due to its higher fertility and this land is also known for turmeric and ginger which multiply its value.

(viii) That there is plenty of limestone, which is very important for industries which also multiply its value.

(ix) That the acquired land is very important for cultivation of Khair trees, which is very valuable and costly for its herbal importance i.e. Katha. Its cultivation gives immediate property to the land owners and this cultivation is repeated after 10 years