IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SUSHIL KUKREJA
Bhagwan Dutt – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
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| 1. final ruling on appeal dismissal due to merit absence. (Para 26) |
JUDGMENT :
Sushil Kukreja, J.
Since both these appeals are the offshoots of award dated 13.07.2012, passed by learned District Judge, Solan, H.P. (hereinafter referred to “learned Reference Court”), they are taken up together for disposal.
2. The facts in brief are that the land of the appellants/claimants, who were petitioners before the learned Reference Court, situated in village Shungal, Tehsil Kandaghat, District Solan, H.P., was acquired by the State of Himachal Pradesh for public purpose, i.e., for construction of Kaithlighat Basha road Notification under Section 4 of the Land Acquisition Act (for short “the Act”) was issued on 15.02.2000, which was published in two daily newspapers, i.e., Himachal times and Uttam Hindu on 22.08.2000 and vide publicity was also made in the locality on 16.03.2000. Notification under Sections 6 and 7 of the Act was issued on 23.02.2001, which was published in H.P. Rajpatra on 27.03.2001 and in daily newspaper Dainik Himachal Sewa on 17.03.2001. Consequent upon the notices under Section 9(3) and (4) of the Act the land owners appeared and sought compensation @ Rs.8,

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.
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 main legal point established in the judgment is the application of Section 23 of the Jammu & Kashmir Land Acquisition Act, Svt. 1990, and the interpretation of legal precedents to determine the m....
The main legal point established in the judgment is the requirement for concrete evidence to determine the fair value of acquired land under the Land Acquisition Act, 1894, and the Court's authority ....
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