- (1.) The challenge in this appeal is to the order dated 11th March, 2005 of the High Court of Himachal Pradesh by which compensation at the rate of Rs. 23,115/- per kanal has been granted to the claimant along with all statutory benefits including interest and solatium. Aggrieved by the said award and claiming higher compensation this appeal has been filed.
(2.) The total area of the land acquired in the present case is 98 kanals and 2 marlas out of which the appellants own about 7 kanals. The Land Acquisition Collector while determining the compensation classified the land into three categories and awarded the compensation as follows: "Barani Abbal Rs. 23,115/- per kanal; Banjar Quadim Rs. 7,234.20 paise per kanal Gair Mumkin Rs. 14,285.80 paise per kanal"
(3.) The Reference Court dismissed the claim for higher compensation. Aggrieved, an appeal under Section 54 of the Land Acquisition Act, 1894 was filed by the claimant. The High Court by the impugned order took the view that as the purpose of acquisition was for building a housing colony the categorisation of the land was not a relevant factor. In addition, the High Court considered the location of the land for the purposes of determining the potential value thereof and having regard to the exemplar sale deeds brought on record thought it proper to award compensation at the rate awarded to the highest category of land i.e. Barani Abbal which rate is Rs. 23,115/- per kanal.;