- (1.) We have heard learned counsel for the parties.
(2.) This appeal by special leave is directed against the judgment dated 01.11.2010 of the High Court of Himachal Pradesh at Shimla in C.W.P. No. 2535 of 2010 whereby the High Court dismissed the writ petition.
(3.) A notification under Section 4(1) of the Land Acquisition Act, 1894 (in short, 'the Act') was issued at the instance of the State of Himachal Pradesh Respondent No. 1 for the purpose of widening of Theog Kotkhai- Hatkoti road (T.K.H.) on 13.06.2008. Being a time bound project, having found that acquisition proceedings might take a long time, the respondents proposed settlement of the compensation on negotiations and acquired the land accordingly. It appears that in respect of the land of the appellant, a Negotiated Award dated 11.09.2008 was passed wherein it was stated that the land value had been fixed on negotiations and the appellant shall not be entitled for seeking any enhancement of the market value under Section 18 of the Act. It was also specifically stated in the said Negotiated Award that " But they are entitled for the market value for the structures and trees (if any) separately, as per the market value which will be determined by the expert agencies in due course of time at the time of announcement of Supplementary Award along with the market value of the land, which will be notified by the government under Section 4(1) of the Act if required to be acquired at a later stage. ";