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SATYEN VAIDYA
State of H. P. – Appellant
Versus
Kanshi Ram through LRs – Respondent
JUDGMENT :
[Satyen Vaidya, J. :]
1. All these appeals are being decided by common judgment as these arise from the same common award dated 16.10.2015, passed by learned District Judge, Bilaspur in Land Reference Petition Nos. 28/4 of 2013, 29/4 of 2013, 30/4 of 2013 and 31/4 of 2013.
2. The total land measuring 11-07-00 bighas was proposed to be acquired by the State Government for construction of link road “Namhol-Bahadurpur” in village Tipra, District Bilaspur.Notification dated 25.11.2009 under Section 4 of the Land Acquisition Act was published in Rajpatra dated 3.12.2009. Land Acquisition Collector vide award No. 14 of 2011 dated 9.12.2011 awarded the marked price ranging from Rs. 1,54,284/- to Rs. 7, 97,134/- per bigha, depending upon the classification of the land.
3. Aggrieved against the award passed by the Land Acquisition Collector, the claimants preferred Reference Petitions under Section 18 of the Land Acquisition Act, which came to be registered as Reference Petition Nos. 28/4 of 2013, 29/4 of 2013, 30/4 of 2013 and 31/4 of 2013 before learned District Judge, Bilaspur. The reference Court re-determined the market value at the rate of Rs. 10,28,571/- per bigha, irrespectiv
When purpose of acquisition is common, award of compensation at a uniform rate for different classification/categories of land, is, tenable.
Uniform compensation is warranted for land acquired for the same public purpose, irrespective of land classification, with no deductions allowed for rural connectivity projects.
The market value of acquired land should be determined based on the nature of the land, and deductions for development costs should consider the purpose of acquisition. Left-out benefit components ma....
The acquiring authority to award additional interest by way of damages @ 15% per annum from the date when respondents-claimants were dispossessed till the date of notification under Section 4 of Act.
The main legal point established in the judgment is the relevance of sale instances/exemplars from the acquired land for determining the market value and the appropriateness of deductions towards dev....
The main legal point established in the judgment is the application of principles for determining the market value of acquired land, including the relevance of purpose of acquisition, deductions for ....
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