BADRI SEN Vs. LAND ACQUISITION COLLECTOR & ORS.

JUDGEMENT

(1.) This is an appeal filed by the appellant against the judgment of the learned District Judge, Kinnuar at Rampur Bushahr, dated 28.9.2000, vide which he decided the reference petition under Sec. 18 of the Land Acquisition Act. The appellant has also mentioned that the present appeal has been filed under Sec. 96 of the CPC, but the same does not lie and it has to be an appeal under Sec. 54 of the Land Acquisition Act (hereinafter referred to as "the Act ").

(2.) Briefly stated the facts of the case are that the Government of Himachal Pradesh, vide notification issued under Sec. 4 of the Act on 1.8.1990, duly published on 14.8.1990, acquired land measuring 0-18-62 hectares in Jeori, Tehsil Rampur for a public purpose for ITBP i.e. respondent No. 2. The land was acquired in accordance with the procedure and the Land Acquisition Collector entered into a reference, gave an award and determined the market value of the land under acquisition at Rs.2,68,370.00. He also allowed solatium etc. as provided under the Act. The Land Acquisition Collector determined the compensation, in all, at Rs.4,54,494.00, payable to six petitioners in equal shares.

(3.) Petitioner No. 1 Kailash Chand filed reference petition under Sec. 18 of the Act on behalf of himself as well as on behalf of other petitioners, including the present appellant Badri Sen. The reference petition was tried by the learned trial Court, who, vide the impugned award, held that the petitioners are not entitled to any enhancement of compensation and all the petitioners, including the present appellant, were held entitled to the equal shares as determined by the Land Acquisition Collector.