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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SUSHIL KUKREJA
Surinder Singh – Appellant
Versus
Collector Land Acquisition – Respondent
JUDGMENT :
Sushil Kukreja, J.
Since all these appeals and cross objections are the offshoots of award, dated 16.08.2011, passed by learned Additional District Judge, Mandi, H.P. (hereinafter referred to as “the learned Reference Court”), the same are taken up together and being disposed of by a common judgment.
2. The instant appeals have been preferred by the appellants, who were petitioners/claimants before the learned Reference Court, under Section 96 of the Code of Civil Procedure read with Section 54 of the LAND ACQUISITION ACT (for short “the Act”) against award dated 16.08.2011, passed by learned Reference Court, with a prayer that the appeals be allowed by setting-aside the impugned award, passed in their petitions and the market value of their acquired land be assessed and declared as not less than Rs.35,000/- per biswa, irrespective of the classification. On the other hand, Himachal Pradesh Housing and Urban Development Authority (respondent No. 2 before the learned Reference Court) preferred cross objections in all the appeals under Section 41 Rule 22 CPC against the impugned award with a prayer that the cross objection(s) be allowed and impugned award passed by the learn
Market value for acquired land must reflect the highest comparable sales, with deductions for development costs and interest calculated from possession date, not award date.
The court ruled that proper market value determination for acquired land must prioritize the highest bona fide transaction and that interest is owed from the date possession is taken, not from the da....
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 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.
Uniform compensation is mandated under the Land Acquisition Act when land is acquired for a common public purpose, irrespective of land classification.
Uniform compensation is applicable in land acquisition cases for public use, regardless of land categorization, and no deductions are permissible for public utility projects.
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