RAJESH TANDON, J. - (1.) HEARD Sri L.P. Naithani, Advocate General, Sri Vinod Nautiyal, Standing Counsel and Sri Sudhir Singh, Brief Holder for the appellant and Sri D.S. Patni and Sri Sidharth Sah Counsel for the respondents.
(2.) PRESENT four appeals have been preferred against the common judgment and award dated 21.2.2006 passed by the Additional District Judge, Haldwani in L.A.C. No. 187 of 1986, L.C.A. No. 15 of 1987, L.C.A. No. 16 of 1987 and L.C.A. No. 59 of 1987. Briefly stated the respondent Ravi Kumar has filed a reference before the Dis­trict Judge, Nainital being L.A.C. No. 59 of 1987 (arising out of First Appeal No. 28 of 2006) against the award passed by the Land Acquisition Officer with the allegations that applicant along with his brother Virendra Kumar had inherited plot No. 21/1 from their predecessor. Thereafter in the year 1976 a family partition had taken place in between Ravi Kumar and Virendra Kumar. 3 bigha 15 biswa land had come in the share of Virendra Kumar while Ravi Kumar had got 7 bigha 11 bishwa land. Out of that land Ravi Kumar sold 2 bigha 18 bishwa and 16 bishwansi to Chaudhari Vidhya Bhusan, Smt. Ishwari Devi, Sudhir Kumar, Smt. Lalita Devi, Sunil Chaudhari and Smt. Ramni Chaudhari. Thus 4 Bigha, 12 bishwa and 4 Bishwansi land still re­mained with applicant-respondent Ravi Kumar. Collector, Nainital has wrongly set aside the names of Ravi Kumar and Viren­dra Kumar from the Khatauni. The prop­erty is adjacent to High way and the Land Acquisition Officer has wrongly valued this land. The land must be valued for at least rupees six lakhs. The applicant also interest @ 15% per annum on this amount.
(3.) ON behalf of Opposite party State, it has been asserted that at the time of noti­fication the owner of the land was State and the applicant has got no Bhumidhari right over the land in dispute. The sale pur­chase made by the parties of the land in dispute is also illegal. The valuation of the land was made properly by the Land Ac­quisition Officer according to the provi­sions of section 23 of the Land Acquisition Act.;