Date of decision October 3 v. State of H.P & Anr.

The Hon(cid:146)ble Mr.Justice Dev Darshan Sud, J. Whether approved for reporting?1 1 Whether reports of Local Papers may be allowed to see the judgment? - 2 - For the appellant(s): For the Respondents: Bhupinder Mr. Advocate, Gupta, Advocate. Gupta, Ms. Sr. Charu M.S.Chandel, Advocate Mr. General, with Mr. Rajan Dewan, Addl. AG. Dev Darshan Sud, J. (Oral). These appeals are being disposed of by a common judgment as they involve common questions of law and facts. The claimants have preferred these appeals against the judgment of the learned District Judge, Solan claiming enhancement in the compensation allowed by the learned Reference Court of the acquired lands of the petitioner. The basic facts are not in dispute before me. The learned Reference Court determined the fair market value of the acquired land at Rs.45,000/- per bigha and based on the judgments of the Hon(cid:146)ble Supreme Court, in State of H.P. and others v. Dharam Dass (1995) 5 SCC 683), deducted 40% from this assessed value, holding that deduction should be made on the market value of land which is greater in area when the comparative sale method is applied as the value of smaller chunks is more than that of large area of land. - 3 - Learned counsel appearing for the appellants submits that the deduction which has been made by the learned Reference Court cannot be justified in law. I am not persuaded to take a different view from that which has been taken by the learned District Judge for the reason that even accepting the contention of learned counsel for the appellants, deduction has to be made for development of the land which has been fixed by the Hon(cid:146)ble Supreme Court at varying rates from

33.13% to 50%. After examining the evidence on record, I am satisfied that the appellants have been awarded fair and just compensation. In the facts and circumstances, there is no merit in these appeals which are accordingly dismissed. There shall be no order as to costs. October 3, 2007(PC). (Dev Darshan Sud), J.