Collector Land Acquisition v. Som Kumar
Case brief
What is this about?
High Court enhanced land acquisition compensation from Rs. 9.5 lakhs to Rs. 12.35 lakhs per bigha. The court adjusted a 2001 sale deed value for inflation relative to the 2005 acquisition notification and dismissed the Collector's appeal while allowing cross-objections to increase the award.
What did the court decide?
Enhanced compensation rate from Rs. 9,50,000 to Rs. 12,35,000 per bigha with statutory benefits.
What the court decided
1
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
RFA No.268 of 2014 a/w Cross Objections No.97 of 2016, RFA Nos.190 to 195, 222 & 231 of 2014, RFA No.267 of 2014 & C.O. No.69 of 2018, RFA No.390 of 2014 & C.O. No.98 of 2016, RFA Nos.112, 113 of 2015, 203 of 2017.
Reserved on: 20.09.2023 Decided on: 27th September, 2023
RFA No.268 of 2014 & C.O. No.97 of 2016
Land Acquisition Collector & Others ...Appellants
Versus Ashok Kumar & Others ...Respondents
2. RFA No.190 of 2014
Land Acquisition Collector ...Appellant
Versus
Surjeet Kumar ...Respondents
3. RFA No.191 of 2014
Issues for consideration
3 issues framed by the court
Whether the market value of the acquired land assessed at Rs. 9,50,000 per bigha by the trial court was correct given the 2001 exemplar sale deed and the 2005 notification date?
Whether the trial court erred in permitting enhanced compensation without deducting the value of the acquired portion as per the Kasturi case principle?
Whether the appellate court can enhance compensation under Order 41 Rule 33 CPC when the appeal is filed by the Collector against the award?
Parties & counsel
- appellant
Land Acquisition Collector & Others
- respondent
Ashok Kumar & Others
- respondent
Surjeet Kumar
- respondent
Balwant Kumar
- respondent
Nathu Ram
- respondent
Case details
As recorded by the court registry
- Court
- Himachal Pradesh HC
- Decided on
- · September
- Registered
- Case no.
- RFA/390/2014
Similar cases
Judgements on the same questions, provisions and authorities, from every court