IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA RFA No.194 of 1999 Date of Decision: 07.01.2010. Chamera Hydro Electric Project ...Appellant. Versus. Jai Singh and others ..Respondents. Coram: The Hon’ble Mr. Justice Deepak Gupta, Judge. Whether approved for Reporting? No For the Appellant(s): Mr.Rajneesh Maniktala, vice counsel for the Appellant. For the Respondent(s): Mr.Anand Sharma, counsel for R-1. Mr.Rajesh Mandhotra, Dy.A.G. for R-2 & 3. Deepak Gupta, J. ( oral): This appeal is directed against the award of the learned District Judge, Chamba dated 24.7.1997 passed in LAC No.3 of 1993. The undisputed facts are that on 16.5.1992 a notification under Section 4 of the Land Acquisition Act, 1894 was issued whereby the land of various persons including the respondent herein was acquired. The Land Acquisition Collector fixed the compensation. The claimants were not satisfied with the same and filed Reference Petition under Section 18 of the Act. The land in question is situated in Mohal Mohdi. According to the claimants no sale had taken place at this Mohal during the - 2 - relevant period. They placed on record certified copy of the sale deed Ext.PX relating to Mohal Prahnvi. It was also alleged that these two Mohals adjoin each other. PW-2 who was the vendor in sale deed Ext.PX was examined. According to him one biswa land was sold in Mohal Prahnvi by him to Sh.Mahinder Singh on 16.7.1992 for a sum of Rs.8000/-. This sale deed is about two months after the notification under Section 4 was issued. However, the respondents have led no evidence to show that any sale had taken place in Mohal Mohdi nor they have produced any record of any such sale. Since the two mohals are adjoining to each other reliance can be placed on this sale deed. The District Judge has made deduction of 87% while assessing the compensation. This deduction is extremely high and I think the award of the District Judge is on the conservative side and cannot be said to be excessive by any stretch of imagination. After making the said deduction the value of the land for Brani abal i.e. irrigated land has been assessed at only Rs.20,000/- per bigha. This award in my opinion is reasonable calling for no interference. The appeal is dismissed. No costs. January 7, 2010. ( Deepak Gupta ), J. PV