Dharam Chand Chaudhary, J. - (1.)This judgment shall dispose of both the appeals arising out of the same award dated 6.9.2003 passed by learned District Judge, Kinnaur, Civil Division at Rampur Bushahr, District Shimla, H.P.
(2.)The appellants (hereinafter referred to as the petitioners) are residents of Village Averi, P.O. Nogli, Tehsil Nirmand, District Kullu. The beneficiary, Union of India, the 2nd respondent has acquired the land belonging to them and others situated in village Averi through 1st respondent, the Collector Land Acquisition, District Kullu for defence purposes. Notification in this regard was issued under Sections 4 and 6 of the Land Acquisition Act and on completion of all codal formalities, the 1st respondent has made award No. 1/98 and thereby awarded the compensation @ Rs. 31,500/- per bigha. The completion with regard to fruit trees and non-fruit trees was assessed separately on the basis of Dr. Harbans Singh's formula. A sum of Rs. 16,537/- was awarded as compensation towards fruit trees and Rs. 412/- qua non-fruit trees in favour of Laxmi Nand, whereas, to Durga Devi Rs. 7581/- towards fruit bearing trees and Rs. 9793/- towards non-fruit trees. The compensation with respect to the structures allegedly acquired was also stated to be inadequate. The Petitioners aggrieved by the award of compensation with respect to the acquired land, fruit trees, non-fruit trees and the structures allegedly in existence on the acquired land have preferred the references under Section 18 of the Act.
The 1st respondent has referred the same to the Court of learned District Judge, Kinnaur at Rampur Bushahr. The petition preferred by Laxmi Nand aforesaid was registered as Land Reference Petition No. 30/2000, whereas, that of Durga Devi Land Reference Petition No. 33/2000. The references made by the other right holders were also clubbed. The lead case was Land Reference Petition No. 30/2000 filed by Laxmi Nand aforesaid. Learned District Judge on the basis of pleadings of the parties has framed the following issues:

1. Whether the Collector Land Acquisition had inadequately assessed the market value of the land under acquisition? OPP.

2. Whether the Collector Land Acquisition had passed the award, dated 19.3.1998, after the stipulated period of 2 years and acquisition proceedings had lapsed? If so, with what effect? OPP.

3. Relief.

(3.)On appraisal of the evidence produced by the parties on both sides, while answering issue No. 1, the compensation i.e. Rs. 31,500/- per bigha awarded by the 1st respondent was held to be inadequate, hence enhanced to Rs. 60,000/- per bigha, irrespective of the nature and classification of the acquired land. The claims regarding enhancement of compensation awarded qua fruit trees and non-fruit trees and also the structures allegedly in existence thereon were, however, rejected. Issue No. 2 was answered in negative i.e. against the petitioners. The references were answered as per the findings recorded on issue No.1.