2016 AIR CC 2628 (HP)

Himachal Pradesh High Court

Hon'ble Judge(s): Dharam Chand Chaudhary , J

(A) Land Acquisition Act (1 of 1894) S. 25 --- Compensation — Determination — Land acquired for construction of railway line — Assessment of compensation on basis of cultivable, non-cultivable, proximity from State highway or link road is not permissible as land has been acquired for public purpose — Land Acquisition Collector had determined market value at Rs 1000/- per square metre — Same will be applied to all kinds of lands — Hence, courts are not permitted to determine compensation at lower rate than as decided by Land Acquisition Collector — Claimants held are entitled to all statutory benefits along with compensation at rate of Rs 1000/- per square metre 1997 (2) Sim LC 229 and AIR 2008 (NOC) 2066 (HP), Relied on (Paras 22, 23)