IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA. RFA No.98 of 2003 along with Cross Objections No. 116 of 2003 Date of Decision : September 18, 2008. Land Acquisition Collector, Shimla …Appellant. Versus: Rattan Lal & Others …respondents. Coram: The Hon’ble Mr.Justice Sanjay Karol, Judge. Whether approved for reporting?1 No For the appellant: Mr. Anil Jaswal, Dy. A. G. For the respondents. Mr. B. C. Negi, Advocate. SANJAY KAROL, JUDGE (Oral). In the present appeal filed by the State and also the cross-objections filed by the claimants, the Award dated 20.12.2002 passed by the District Judge, Bilaspur, H. P. in Land Ref. Case No. 15 of 2000 titled as Rattan Lal & Others vs. The Land Acquisition Collector, has been assailed. In view of the judgment dated 2.5.2008 passed by this Court in RFA No. 79 of 2002 and other connected matters, the scope of the present appeal is narrowed down. For the pubic purpose, namely, construction of Ali Khad Bridge, land belonging to various land owners was acquired in terms of Notification dated 10.7.1996, issued under Section 4 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 of the Land Acquisition Act, 1894, hereinafter referred to as ‘the Act’ (lastly published in the official Gazette on 12.4.1977) and Collector’s Award under Section 11 of the Act being No.17/1997 dated 10.11.1997. In terms of the Award, the Collector determined the market value by awarding different rates for different categories of land as under:- Name of Name of Variety of Rate per Tehsil Mauza land biswa Bilaspur Behal 1. Kohali Aval Rs.2500.00 Sadar Kandela 2. Barani Rs.2000.00 3. Khariyatar Rs.1000.00 Banjar Aggrieved by the same, various land owners filed land reference cases under Section 18 of the Act before the District Judge, Bilaspur. The matters were clubbed and heard together. Land Reference Case No. 14 of 2000 titled as Durga vs. Land. Acquisition Collector along with other connected matters came to be decided by the District Judge, Bilaspur, H. P. in terms of his Award dated 18.1.2001 and the market value for the acquired land was determined to be Rs.10,000/- per biswa irrespective of the classification and category of the land. This Award assailed by the State in RFA No.79/2002 and other connected matters, now stands upheld by this Court in terms of the judgment dated 2.5.2008. The claimants herein also filed a separate Land Reference Case No. 15 of 2000 before the District Judge, Bilaspur, but the same could not be tagged along with the earlier reference 3 petitions. In support of their case, the claimants not only examined the witnesses; Shri Rattan Lal (PW-1), Shri Nand Lal (PW-2), Smt. Jagdamba Devi (PW-3), Shri Karam Singh (PW-4), Smt. Pushpa Devi (PW-5), Shri Parkash Singh (PW-6) and proved Sale Deeds Ext.PA, Ext.PB to PC, Ext.PW-4/A, Ext.P-2 & Ext.R-1 but also tendered in evidence copy of the Award dated 18.1.2001 passed in Land Reference Case No.14 of 2000 titled as Durga vs. LAC (Ext.PX). The respondents did not lead any evidence. Appreciating the material on record (oral and documentary), the Court below determined the market value of the acquired land to be Rs.6,000/- per biswa. This was so done after taking into account the Sale Deeds produced by the claimants. However, with regard to the Ext.PX, i.e. Award passed in Land Reference Case No. 14 of 2000, no reasons were assigned for not considering the same while determining the market value of the acquired land. Both claimants and the State have assailed the Award. From the record produced, it is evident that the acquired land and the land covered under Award Ext. PX is with respect to the very same Notification issued under Section 4 of the Act. The Award passed by the Collector and the public purpose and the village being same and similar. This fact is not disputed by the learned counsel also. Therefore, in my view, the claimants herein also need to be awarded the compensation which stands awarded by this Court in RFA No. 79/2002. The land 4 acquired in terms of the Collector’s Award dated 10.11.1997, was only 24 bighas and 2 biswas, which is not a big chunk of land. The entire land has been utilized and no land was required to be developed. The Collector himself has mentioned in the Award with regard to the similarity of the entire acquired land. All the claimants, whose land is covered by the same Notification ought to be awarded same amount of compensation. Even though an effort has been made by the claimants to show that the amount of compensation, on the basis of proved Sale Deeds has to be much more. For the aforesaid reasons, the impugned Award is modified and it is held that the claimants herein shall also be entitled to the very same compensation which stands awarded by this Court in RFA No. 79/2002, which is Rs.10,000/- per biswa. Needless to add, the claimants shall be entitled to all statutory benefits, including interest, solatium and compensation in accordance with the ratio of law laid down by the Apex Court in Sunder v. Union of India (2001(7) SCC 211). The short fall in the Court fee shall be paid by the claimants within a period of two months from today. The appeal and the cross-objections stand disposed of accordingly. ( Sanjay Karol ), Judge. September 18, 2008. (rana)