Sureshwar Thakur, J. - (1.) The instant appeal is directed against the award pronounced by the learned Reference Court, upon, Land Reference Petition No. 1-S/4 of 2009, whereunder, the learned Reference Court, assessed market value of the land brought to acquisition, to fall in a sum of Rs.2,450/- per square meter also thereon it levied all the statutorily accruable benefits.
(2.) The respondent, under, a notification bearing No. PBW-(b)A(7)1-160/2006 of 14.05.2007, notification whereof was issued under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act), hence, brought to acquisition the apposite land, measuring 64 square meters, for a public purpose, namely, for widening and construction of Shimla-Kangra, National High Way-88. Uncontrovertedly, the acquired land, in the apposite column of the jamabandi concerned, carries, the nomenclature of "Banjar Kadeem". The Land Acquisition Collector assessed in respect thereto compensation borne in a sum of Rs.1186.24 paise per square meter. In respect of Bakhal Awal land and in respect of Bakhal Doyam land, he proceeded, to, respectively assess market value(s) borne in sum of Rs.8,600.24 paise and in a sum of Rs.5,535.78 paise per square meter. The landowners/petitioners/ appellants herein, being, aggrieved therefrom hence reared a petition before the learned Reference Court, thereupon, the learned Reference Court, upon, considering the germane evidence adduced therebefore by the contesting parties made its valuation in a sum of Rs.2,450/- per square meter.
(3.) The enjoined legal parameters, for making valid determinations, of, market values, of acquired lands besides thereafter assessing a just and fair compensation in respect of their acquisition ARE (a) proximity in time angle inter se the issuance of the apposite notification visa-vis the execution(s) of the relevant sale exemplars AND (b) proximity in location angle inter se the lands brought to acquisition vis-a-vis the lands borne in the sale exemplars.;