STATE OF HIMACHAL PRADESH Vs. NAND LAL (DECEASED)
LAWS(HPH)-2021-3-34
HIGH COURT OF HIMACHAL PRADESH
Decided on March 06,2021

STATE OF HIMACHAL PRADESH Appellant
VERSUS
Nand Lal (Deceased) Respondents

JUDGEMENT

Sureshwar Thakur,J. - (1.) Through an award made by the learned Reference Court, upon, land Petition No. 3FTC/4 of 2009 alongwith connected land Petitions, decided on 31.5.2011, the land owners became awarded compensation amount, vis-a-vis, acquired lands, compensation amount whereof became quantified in a sum of Rs.30,000/- per biswa, and, thereon(s) became levied, apposite thereto statutory benefits. The State of Himachal Pradesh becomes aggrieved therefrom, and, has hence thereagainst instituted the instant appeal before this Court.
(2.) The land of the respondents became acquired for construction of Bill Haripur road. The acquired land though carried contra-distinct classifications, in the revenue record concerned, (i) yet the learned reference Court upon bearing in mind, the market value, of, land categorized as Katual land, market value whereof became quantified in a sum of Rs.30,000/-, per biswa, also assessed in tandem therewith, a similar thereto market value, vis-a-vis, contradistinct therewith classifications and categories of acquired land. Though the afore uniformity or parity of market value, as becomes, drawn by the learned Reference Court, vis-a-vis, all categories or classifications of lands, as become put to acquisition, does not call for any interference, becoming made qua therewith (i) as a catena of judgments pronounced by the Courts of law, do validate, the underlying therewith principle, (ii) principle whereof enunciates that upon the purpose of acquisition, being similar, thereupon the awardings, of, alike sum(s) of compensation, being imperative, vis-a-vis, all classifications or categories of acquired lands, (iii) as, upon acquisition the relevant classification or categorization of lands, become rendered insignificant or wholly irrelevant, in, making assessment(s) of compensation qua therewith.
(3.) However, the acid contest which erupts inter-se the litigants hereat, is confined to the legality, of, assessment through the impugned award, of, compensation in a sum of Rs.30,000/- per biswas, vis-a-vis, the lands as become subjected to acquisition.;


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