IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA RFA No. 268 of 2007 alongwith RFA No.273 of 2007. Date of decision: 9.10.2009 RFA No.268 of 2007. State of H.P & others. …. Appellants Versus Smt.Tara Sharma. ….. Respondent RFA No.273 of 2007. Smt.Tara Sharma …. Appellant Versus State of H.P & others …. Respondents Coram: The Hon’ble Mr. Justice Deepak Gupta, J. Whether approved for reporting ? No For the appellant: Mr.Rajesh Mandhotra, Deputy Advocates General for the State. For the respondent: Sh.Gulzar Rathour, Advocate for Smt.Tara Sharma. _____________________________________________________ Deepak Gupta, J.(Oral) These two appeals are being disposed of by this common judgment since they arise out of the same award. The undisputed facts of the case are that the land of the petitioner with trees thereupon was acquired for the construction of the Udho Niwas, Jakhar- 2 Bartu Raod. The notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the ‘Act’) was issued on 22nd February, 1996. The award was announced on 24.11.1997 and the compensation for different categories of land was assessed at separate rates. The appellant filed a petition under Section 18 of the Act claiming enhancement of compensation. The learned District Judge vide his award dated 16.6.2007 has assessed the value of the land at a uniform rate of Rs.6,000/- per biswa. The claimant was also held entitled to a sum of Rs.72,000/- on account of value of fruit trees. Interest and solatium as per the provisions of the Act was also awarded. Both the State as well as the claimant have filed the appeals. The main question in dispute is only with regard to the assessment of the value of the land. This dispute is squarely covered by the judgment delivered by a learned Single Judge of this Court in RFA No.186 of 2003. The said RFA relates to the same notification and the same area. The learned Single Judge after discussing the entire evidence has come to the conclusion that the claimants are entitled to compensation @ Rs.20,000/- per biswa as claimed by them in the appeal. In the present case also, 3 the claimant has claimed Rs.20,000/- per biswa. Since the case is squarely covered by the judgment delivered in RFA No.186 of 2003 which was decided on the same lines the claimants are held entitled to compensation for the land @ Rs.20,000/- per biswa alongwith interest and solatium as per the provisions of the Act. The claimant also claims enhanced compensation on the ground that the number of trees damaged was more than that found by the learned court below. It would be pertinent to mention that this was not a ground taken before the learned Trial Court and the petitioner had never claimed that the number of trees damaged is more than those found by the Land Acquisition Collector. Therefore, the petitioner cannot be permitted to raise this ground at this stage. The claimant is held entitled to compensation for the land @ Rs.20,000/- per biswa. She is also entitled to compulsory acquisition charges and interest as provided in accordance with the law. Both the appeals are accordingly disposed of in the aforesaid terms. October 9, 2009 ( Deepak Gupta ) (m) Judge