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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SUSHIL KUKREJA
Khem Raj (deceased) through LRs. – Appellant
Versus
State of H.P. – Respondent
Judgment :
Sushil Kukreja, J.
The instant appeal has been preferred by the appellants, who were the petitioners before the learned Court below against the award dated 18.06.2016, passed by learned District Judge (Forests), Shimla, H.P., (hereinafter referred to as “the learned Reference Court”), in Reference Petition No. 6-S/4 of 2015/13, whereby reference petition filed by petitioners was allowed and the award of the Land Acquisition Collector was modified to the extent that the market value of the land acquired was assessed as Rs. 324.32 per square meters alongwith additional compensation, Solatium, interest etc.
2. The brief facts of the case are that land of the petitioners, comprised in Khasra No. 451, measuring 0-08-57 hectares, was acquired by respondent No. 1 for construction of Shananghati-Dargi-Machryana link road, vide Notification dated 30.12.2009, under Section 4 of the LAND ACQUISITION ACT (for short “the Act”). After the completion of acquisition proceedings, the Collector passed the award on 16.02.2012, vide award No. 67/2012.
3. The petitioners/claimants, feeling aggrieved with the award of the Land Acquisition Collector preferred a petition under Section 18 of the
Absence of local sales permits reliance on nearby circle awards for market value, with 10% annual cumulative increase for time gap; uniform rate applies to single-unit public acquisitions irrespectiv....
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.
Once the market value of the land as on the date of publication of notification under Section 4(1) of the L.A. Act is so determined the land owner(s) shall be entitled to an amount @12% per annum the....
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