IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA RFA No. 126 of 2003 with RFA Nos. 127, 128 ,129 and 144 of 2003. Judgement reserved on: 2.3.2009. Date of decision: March 6, 2009. [ For title, please see reverse] Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 For the Appellants : Mr. R.K. Bawa, Advocate General with Mr. A.K. Bansal, Addl. Advocate General. For the Respondents : Mr. Tek Chand Sharma, Advocate for the respondents except respondent No. 4 in RFA No. 127/03 and respondents No. 3 & 5 in RFA No. 144 of 2003. ( in all five appeals). Kuldip Singh, Judge. This judgement shall dispose of five appeals, i.e. RFA No. 126 of 2003 with RFA Nos. 127, 128 ,129 and 144 of 2003 arising out of Land Reference Nos. 43-S/4 of 1996, 45-S/4 of 1996, 46-S/4 of 1996, 47-S/4 of 1996 and 44-S/4 of 1996 respectively, decided by learned District Judge, Shimla by a common award dated 25.6.2002, whereby learned District Judge has held that respondents are entitled to enhanced amount of compensation at the rate of Rs.3000/- per biswa for their acquired land. In addition to the market value, the Whether the reporters of the local papers may be allowed to see the Judgment? - 2 - respondents are also held entitled to solatium, interest as provided under Section 23(1-A) at the rate of 12% per annum from the date of publication of notification under Section 4 of the Land Acquisition Act, 1894 (for short, the Act) besides interest at the rate of 9 % per annum on the enhanced amount of compensation for one year and thereafter at the rate of 15% per annum under Section 28 of the Act. 2. The Commissioner -cum- Secretary (PWD) to the Government of Himachal Pradesh issued notification dated 26.8.1991 under Section 4 of the Act, which was published on 5.10.1991 in official gazette for acquiring land of the respondents situate at Mauza and Pargana Rampur, Tehsil and District Shimla for construction of road for public purpose from Jathiadevi to Rampur. In RFA No. 126 of 2003, the land involved was Khata Khatauni No. 4 min, 4 min, khasra Nos. 34, 42 and 45, Khata Khatauni No. 3 min, 3 min, Khasra No. 208. In RFA No. 127 of 2003, the land comprised in khasra Nos. 37/1, 36/1, 33/1, 40/1, 41/1, 43/1, 44/1, total measuring 4 bighas 1 biswa was involved. In RFA No. 128 of 2003 the land comprised in Khatauni No. 31/46 min, khasra Nos. 694, 701, 704, 724, 727, 808 and 809 total measuring 2 bighas 8 biswas was involved. In RFA No. 129 of 2003, the land comprised in Khewat No. 70 min, khatauni No. 100, khasra Nos. 463, 693, 706, 720 and khewat No. 151 min, Khatauni No. 299 min, khasra No. 700 was involved. In RFA No. 144 of 2003, the land comprised in khata Khatauni No. 29/14, khewat No. 1, khasra Nos. 270, 276, 347, kitas 3, measuring 1 bigha 1 biswa was involved. 3. The Collector announced the award on 1.11.1994. The respondents were aggrieved against the award of the Collector, they - 3 - filed reference petitions, under Section 18 of the Act. The Land Reference Petitions No. 44-S/4 of 1996, 45-S/4 of 1996, 46-S/4 of 1996 and 47-S/4 of 1996 were consolidated with Land Reference Petition No. 43-S/4 of 1996, vide order dated 10.7.1998 passed by learned Land Reference Court and the evidence was recorded in Land Reference Petition No. 43-S/4 of 1996. The learned Land Reference Court ultimately, vide award dated 25.6.2002 decided all the five land reference petitions and enhanced the amount of compensation, as noticed above, hence the appeals. 4. I have heard Mr. R.K.Bawa, learned Advocate General assisted by Mr. A.K. Bansal, learned Additional Advocate General for the State and Mr. Tek Chand Sharma, learned counsel for the appearing respondents in all the appeals and have also gone through the record. The perusal of para 15 of the impugned judgement would show that the Collector in the present cases had awarded rates as per classification of land as follows:- Sr.No. Classification of land Rate per Bigha 1. Kiar Abal Rs. 18,273.20 2. Kiar Doyam Rs. 15,936.00 3. Kuhl Abal Doem Rs. 12,430.00 4. Bakhal Abal Rs. 8,286.00 5. Bakhal Doem Rs. 6,586.00 6. Ghasni and Banjar Rs. 2,656.00 Kadim. 5. On behalf of the State even though submission has been made that the learned Land Reference Court has erred in enhancing the compensation amount, but the fact has not been denied that a coordinate bench of this court in RFA No. 192 of 2003 decided on 23.9.2008 has dismissed the appeal of the State. In RFA No. 192 of - 4 - 2003 the subject matter of the dispute was land acquired for construction of Jathiadevi- Rampur road vide notification dated 26.8.1991 published on 5.10.1991 under Section 4 of the Act. It has not been denied that the notification with regard to acquisition of land for construction of road in RFA No. 192 of 2003 and in the present appeals is the same. In RFA No. 192 of 2003 the Collector had awarded the rates as per classification of land, as follows:- Sr.No. Classification of land Rate per Bigha 1. Kiar Abal Rs. 18,273.20 2. Kiar Doyam Rs. 15,936.00 3. Kuhl Abal Doem Rs. 12,430.00 4. Bakhal Abal Rs. 8,286.00 5. Bakhal Doem Rs. 6,586.00 6. Ghasni and Banjar Rs. 2,656.00 Kadim. However, the learned Additional District Judge had enhanced the amount of compensation to Rs.3000/- per biswa irrespective of type of land. 6. In the present cases also the learned Land Reference Court has enhanced the amount of compensation to Rs.3000/- irrespective of the type of land. A coordinate bench of this court has upheld the enhancement of Rs.3,000/- per biswa in RFA No. 192 of 2003. This apart, nothing has been pointed out why the rate approved by this court in RFA No. 192 of 2003 should not be allowed in the present cases also. In light of judgement dated 23.9.2008 passed in RFA No. 192 of 2003, all the above appeals are liable to be dismissed and are accordingly dismissed with no order as to costs. March 6, 2009. ( Kuldip Singh ) (Hem) Judge. - 5 - 1. RFA No. 126 of 2003 State of H.P. & anr. ….. Appellants. Vs. Smt. Radha Devi ….. Respondent. 2. RFA No. 127 of 2003 State of H.P. & anr. ….. Appellants. Vs. Bija Ram & ors. ….. Respondents 3. RFA No. 128 of 2003 State of H.P. & anr. ….. Appellants. Vs. Ram Lal & ors. 4. RFA No. 129 of 2003 State of H.P. & anr. ….. Appellants. Vs. Govind Ram & ors. ….. Respondents 5. RFA No. 144 of 2003 State of H.P. & anr. ….. Appellants. Vs. Manohar Singh & ors. ….. Respondents ………