STATE OF HIMACHAL PRADESH Vs. MOHI RAM
LAWS(HPH)-1997-4-43
HIGH COURT OF HIMACHAL PRADESH
Decided on April 04,1997

STATE OF HIMACHAL PRADESH Appellant
VERSUS
MOHI RAM Respondents




JUDGEMENT

A.L.VAIDYA, J. - (1.)This regular first appeal arises from the award dated 5 -7 -1990 of the learned Additional District Judge (1), Shimla, made in Land reference Case No. 27 -S/4 of 988.
(2.)An extent of 50 bighas 16 biswas of land of village/Kolvi, Tehsil Kotkhai, District Shimla, was notified and published for acquisition under Section 4 of the Land Acquisition Act, 1894, hereinafter referred to as the Act, on 3 -1 -1987 for a public purpose, namely, construction of Deem Link Road. This acquisition included land measuring 14 biswas comprising of khasra No. 246, belonging to respondents 1 to 5, hereinafter referred to as the clamants.
(3.)The Collector, Land Acquisition awarded a total compensation of Rs. 25,982 -76 paise in favour of the claimants, the detail of which is as under :
1. Compensation for land Rs. 4,028.36 2. Compensation for trees Rs 12,110.00 3. 30% CAC under Section 23 (2) Rs. 4,841.51 4. 12% interest under Section 23 IA Rs. 5,002. 89 Rs. 25,982 -76 The land of the claimants was assessed as 0 -11 bighas Bakhal Awal and 0 -2 bighas Gair Mumkin with market value for Bakhal Awal at the rate of Rs 6,631/ - per bigha and for Gair Mumkin at the rate of Rs. 500/ -per bigha. The claimants applied to the Collector under Section 18 of the Act for making a reference to the Court for the determination of the market value of the apple trees alone. They did not dispute to the assessment of the market value of the land as made by the Collector.



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