The High Court only took into companysideration the 5 sale instances cited by the Claimants.
The Land Acquisition Officer passed an Award fixing the companypensation at Rs.
The Reference Court so fixed the companypensation by taking into companysideration 5 sale instances proved by the Claimants Respondents and 2 sale instances proved by the Appellants.
40,000/ per bigha.
The Reference Court held that this made numberdifference as all the lands were acquired for housing purposes and they were all suitable for and acquired for companystruction activity.
The High Court fixed companypensation at Rs.
Being dissatisfied the Claimants filed references.
1,80,000/ per bigha.
The Appellants filed an Appeal in the High Court, which has been disposed of by the High Court by the impugned Judgment.
80,000/ per bigha.
The High Court refused to take into companysideration the 2 sale instances cited by the Appellants on the ground that the Appellants have themselves offered a price of Rs.
The Reference, Court also refused to give any deductions for largeness of the land.
We have heard the parties.
The said acquisition was pursuant to a Section 4 Notification dated 15th July, 1989.
The High Court then deducted 40 for largeness of land and arrived at a figure of Rs.
1,11,660/ per bigha.
1,11,660/ per bigha.
If all the sale instances are taken into companysideration the average would work out to Rs.
As all sale instances were proved, they were ail to be taken into companysideration.
The Reference Court, by its Judgment dated 14th August, 1995, fixed companypensation at Rs.
The Reference Court averaged the price of all the sale instances and arrived at the above mentioned figure.
Averaging the price of those 5 sale instances, the figure arrived at was Rs.
1,08,000/ per bigha.
I,08,000/ per bigha.
80,000/ per bigha had number been accepted by the Claimants.
N. Variava, J. These Appeals are against the judgment of the High Court dated 31st March, 1998.
Briefly stated the facts are as follows Approximately 53.12 bighas of land in Tehsii Rohru, District Shimla, Himachal Pradesh was acquired for the purpose of companystructing a social housing companyony.
