Decided on March 12,2013

State Of Uttaranchal And Ors Appellant
Amar Dev And Anr Respondents


- (1.) This appeal, preferred under section 54 of the Land Acquisition Act 1984 (for short, the Act), is directed against the judgment and decree dated 29.11.2003 passed by Additional District Judge, Tehri Garhwal, in Land Acquisition Reference No.40 of 2002, Amar Dev and another vs. State of Uttaranchal.
(2.) Relevant facts, giving rise to the present appeal, are that the Special Land Acquisition Officer/Collector (for short SLAO), Tehri Garhwal proceeded for acquisition of land on the basis of Notification issued by the State Government under Section 4 of the Land Acquisition Act, 1894 (for short the Act) for acquisition of 2 Nali, 12 Muthi and 3 Nali, 2 Muthi land including the house and land belonging to the claimants/respondents for construction of Tehri Dam Project which was published in the official Gazette on 1.8.1992 followed by notice under Section 6 of the Act, which was published in the Gazette on 1.1.1994. The SLAO, after completing necessary formalities, has passed the Award thereby the cost of the house of the claimants-respondents was fixed Rs.5,69,900/- and 2 depreciation value thereof was assessed at Rs.73,900/-, which was deducted from the value of the house and compensation of Rs.4,96,000/- was awarded as cost of house and the value of land was determined as Rs.25,066/- and therefore fixed the compensation as Rs.5,21,066/- vide Award dated 28.1.1999. Being dissatisfied by the said Award, the claimants-respondents filed objections, which gave rise to a reference under Section 18 of the Act before the District Judge. The said reference was registered as Land Acquisition Reference No. 40 of 2002.
(3.) The learned reference Court framed two issues in the case. Issue no.1 related to inadequacy of the compensation and issue no.2 related to relief.;

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