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2022 Supreme(HP) 366

SATYEN VAIDYA
Principal Secretary (PWD) To The Govt. Of H. P. , Shimla – Appellant
Versus
Jai Gopal S/o Sh. Neel Kantha – Respondent


Advocates Appeared:
For the Appellants :Sh. R.P. Singh, Deputy Advocate General.
For the Respondents:Anubhuti Sharma, Advocate.

JUDGMENT :

1. By way of instant appeal, Award dated 13.05.2011 passed by learned Presiding Officer, Fast Track Court, Mandi, District Mandi, H.P. in Reference Case No. 166 of 2003, whereby the compensation amount was enhanced at the rate of Rs.30,000/- per biswa, has been assailed by the appellant.

2. In 1962-63, 14 biswas 6 biswansi of land comprised in Khata/Khatauni No. 113/120 min Khasra No. 306, in mauza Kangu, Tehsil Sunder Nagar, District Mandi, H.P. owned by the respondents (hereinafter referred to as claimants) was utilized by the State for the construction of KanguDhar Link Road. Neither the land of the respondents was acquired nor any compensation was paid to them. However, the State Government decided to acquire the land of the claimants at much later stage and accordingly proceedings under the Land Acquisition Act, 1894 (for short ‘Act’) were initiated. Notice under section 4 of the Act (for short, ‘section 4 notification’) was issued on 20.12.1995 and was published in ‘Rajpatra’ on 10.02.1996. Notice under Section 6 of the Act was issued on 12.04.1997. The Acquisition C

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