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VIRENDER SINGH
Gian Chand (since deceased) through his LRs – Appellant
Versus
Collector, HPSEB (Unit-11) Mandi – Respondent
JUDGMENT :
Virender Singh, J.
The predecessor-in-interest of the present appellants had filed the present Regular First Appeal, under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as ‘the Act’), against the award, dated 19th July, 2013, passed by the Court of learned Additional District Judge (I), Mandi, District Mandi, H.P. (hereinafter referred to as ‘the Reference Court’), in Reference Petition No. 40 of 2007, titled as Gian Chand versus Collector, HPSEB and another, whereby the Reference Petition was ordered to be dismissed.
2. For the sake of convenience, the parties to the present appeal, are hereinafter, referred to, in the same manner, in which, they were referred to, by the learned Reference Court.
3. Brief facts, leading to the filing of the present appeal, before this Court, may be summed up, as under:
3.1. The State of Himachal Pradesh has acquired the land of the petitioners, situated in Village Sanahali, for the construction of Uhl Hydel Project Stage-III. The notification, under Section 4 of the Act was issued on 21st March, 2005, which was given wide publicity, as per the mandate of the Act. Thereafter, the notification, under Section 6 of the Act
The main legal point established in the judgment is that the jurisdiction of the court in a reference petition under the Land Acquisition Act, 1894 is confined to answering the reference and cannot b....
The main legal point established in the judgment is the determination of compensation under the Land Acquisition Act, including the market value of the acquired land and the entitlement to statutory ....
Sections 12 read as award of Collector when to be final.
The main legal point established in the judgment is that the appellant's appeal was not maintainable as the appellant had not sought leave of the court to file the appeal, as required by the Land Acq....
Limitation under Section 18(b) of Land Acquisition Act runs from actual/constructive knowledge of award contents if no Section 12(2) notice; market value from pre-notification sales with escalation.
The market value of acquired land must be assessed based on its existing use and geographical situation at the time of the notification, with proper evidence required to substantiate claims for compe....
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