Mansha Ram v. State of H.P

The Hon(cid:146)ble Mr. Justice Sanjay Karol,J. Whether approved for reporting1? No. Appellant Respondent For the appellant: Mr.Ramakant Sharma, Advocate. For the respondent: Mr. Vivek Thakur, Addl. Advocate General. Sanjay Karol, J. In terms of the impugned judgment dated 15.5.2004, the District Judge, Hamirpur, H.P. has dismissed the Land Reference Petition No.07 of 2002 titled as Mansha Ram vs. State of H.P. Hence the appeal by the claimant. For the public purpose, namely, construction of Nadaun- Bangana road, appellant(cid:146)s land comprised in Khasra No.115, measuring 0- 01-94 Hects. in Tika Ghalol, H.P. was acquired in terms of Notification dated 10.4.1996 issued under Section 4 of the Land Acquisition act, 1894 (hereinafter referred to as the Act), published in State Gazette on 27.4.1996 and the Collector in terms of his award No.28 dated 22.9.98 awarded total Whether the reporters of Local Papers are allowed to see the Judgment? 2 compensation of Rs.1,24,394/- determining the market value of the acquired land to be Rs.500 per Marla. Aggrieved by the same, the claimant filed Land Reference Petition No.07 of 2002 claiming enhancement of compensation @ Rs.1 lac per Marla. Based on the pleadings of the parties, the trial Court framed the following issues:-

Whether the market value of the acquired lad allegedly being inadequate and insufficient deserves to be redetermined, if so, to what extent? OPP

Relief. After appreciating the ratio of law laid down by various Courts in State of Punjab and another vs. Hans Raj and others, 1994 (4) S.L.J.3347, Mehta Ravindrarai Ajitroi and others vs. State of Gujrat, AIR 1989 SC 2051, Union of Inida vs. Paras Ram etc., 1979 I.L.R. (HP) 305, State of Uttar Pradesh and another vs. Rajendra Singh, (1996) 7 SCC 347, Kanwar Singh vs. Union of India, (1998) 8 SCC 136, Parmeshwari Devi vs. P.S.E.B., AIR 1994 SC 1142, Shaji Kuriakose vs. Indian Oil Corpn. Ltd.,