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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
| Table of Content |
|---|
| 1. land acquisition for road; reference award details. (Para 1 , 2 , 3) |
| 2. appellants seek enhancement via nearby prior award. (Para 4) |
| 3. evidence review; no sales, relevant award ignored. (Para 6 , 10 , 11 , 12 , 13) |
| 4. market value: willing seller-buyer arm's length price. (Para 7 , 8 , 9) |
| 5. nearby same-circle awards determine market value. (Para 14 , 15 , 16 , 17) |
| 6. uniform rate for single-unit public acquisition. (Para 18 , 19 , 20) |
| 7. 10% annual escalation between notifications. (Para 21 , 22 , 23) |
| 8. compensation enhanced to rs.6,80,000 per bigha. (Para 24 , 25 , 26) |
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, in
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....
Compensation for acquired land must reflect fair market value, considering similar transactions and urban proximity in assessments.
Market value in land acquisition fixed using highest bona fide comparable sale exemplar, with time escalation (10%) and size deductions (20%), considering land potentiality near development areas.
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