L.A.C , H.P.P.W.D., KULLU Vs. DUGLI DEVI
LAWS(HPH)-1997-4-18
HIGH COURT OF HIMACHAL PRADESH
Decided on April 04,1997

L.A.C , H.P.P.W.D., KULLU Appellant
VERSUS
DUGLI DEVI Respondents





Cited Judgements :-

NAROTAM RAM VS. LAND ACQUISITION COLLECTOR [LAWS(HPH)-2002-9-6] [OVERRULED]
BHUBNESH BANGA VS. LAND ACQUISITION COLLECTOR [LAWS(HPH)-2000-7-41] [REFERRED TO]
DURGI DEVI VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-1999-12-20] [REFERRED TO]


JUDGEMENT

R.L.KHURANA, J. - (1.)By virtue of the present judgment, we propose to dispose of the above noted regular first appeal and the cross -objections, which have arisen out of award dated 17 -10 -1987 of the learned Additional District Judge, Mandi, Camp at Kullu in Land Reference Case No, 40 of 1987.
(2.)Land measuring 2 -7 -16 bighas of village Phari Shaken, Tehsil Kullu, belonging to the respondents m the regular first appeal No 31 of 1988, hereinafter referred to as the claimants, came to be acquired for construction of National Highway No 21 by the State of Himachal Pradesh in pursuance of a notification issued under section 4 (I) of the Land Acquisition Act, 1894, hereinafter referred to as the Act, published on 5 -12 -1984. Vide award No. 14 made on 4 -6 -1985, under section 1 of the Act, the Collector Land Acquisition, awarded compensation by fixing the market value of the acquired land at Rs lf600 per biswas, or say Rs, 32,000 per bigha. In addition to the said market value, the Collector, Land Acquisition allowed solatium at the rate of 30% of the market value assessed by him and additional amount under section 23 (l ¬ĽA) of the Act at the rate of 12% per annum from 5 -12 -1984 the date of notification under section 4 (I) of the Act] till 4 -6 -1985 (the date of the award). No interest as permissible under section 34 of the Act was, however, allowed.
(3.)On a reference under section 18 of the Act, having been made to him, the learned Additional District Judge, vide the impugned award assessed the market value of the acquired land at the rate of Rs 80,000 per bigha. He accordingly awarded compensation at the said rate to the claimants. In addition, he allowed the following statutory benefits to the claimants : - (a) Solatium at the rate of 30% on the enhanced amount; (b) Interest on the amount of compensation as assessed by the Collector. Land Acquisition, at the rate of 9% per annum with effect from 1971 (the date of taking possession of the acquired land) till the expiry of one year thereafter and at the rate of 15% per annum for the subsequent period till the date of payment/deposit of the amount ; (c) Interest on the enhanced amount at the rate of 9% per annum from 1971 for a period of one year and thereafter, at the rate of 15% per annum till the date of payment/deposit of the enhanced amount. The benefit of additional amount at the rate of 12% per annum on the enhanced amount as required under section 23 (1 -A) of the Act was not allowed by the learned District Judge.


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