IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA RFA No. 216 of 2006 Date of Decision : June 26, 2009 Land Acquisition Collector & others Appellants. Versus Shri. Chaman and others. Respondents Coram: Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting?1 No. For the appellants : Mr. R. K. Bawa, Advocate General with Mr. Vivek Thakur, Addl. Advocate General and Mr. J. S. Rana, Astt. Advocate General for the appellants. For the respondents : Mr. T.S. Chauhan, Advocate, for respondents No. 1 to 5. Sanjay Karol, J. (Oral) The present appeal has been filed against the award dated 14.7.2005 passed by District Judge, Bilaspur, H.P. in Land Reference Case No. 47 of 2001. In the impugned award the Court below has referred to and relied upon the earlier award passed by the District Judge in Land Reference Petition No. 1 of 1995 (Ext. PX) passed in relation to the acquisition proceedings of the adjacent village. 1 Whether reports of Local Papers may be allowed to see the judgment? 2 The Court below has enhanced the compensation awarded by the Collector and determined the market value of the acquired land to be Rs. 10,000/- per biswa. This was so done after deducting 50% of the market value determined in terms of award Ext. PX which was Rs. 20,000/- per biswa. The claimants’ land situated in village Khundgal, Pargana Fatehpur, Tehsil Sadar, District Bilaspur, H.P. was acquired by the State Government for the construction of Baner-Jagatkhana road. Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) was issued by the State Government on 10.4.1996. It was published in the H.P. Rajpatra on 13.9.1997. The Collector Land Acquisition passed his award No. 1/2000 dated 14.1.2000 awarding compensation by determining the market value of different categories of land ranging from Rs. 81/- to Rs. 1513/- per Bigha. Aggrieved by the same the claimants filed land reference petition under Section 118 of the Act and the Court below framed the following issues: “1. Whether the Collector, Land Acquisition had inadequately assessed the market value of the land under acquisition? OPP 2. Whether the State had taken possession of the land under acquisition in January, 1975, if so, with what effect? OPP 3. Relief.” 3 By referring to and relying upon copy of Award Ext. PX, the Court below determined the market value of the instant acquired land to be Rs. 10,000/- per biswa regardless of the classification and category of the land. In the present appeal the impugned award has been assailed on the ground that Award Ext. PX was subject matter of challenge before this Court in RFA No. 43 of 2001, titled LAC versus Kashmir Singh. This Court while deciding RFA No. 146 of 2005, titled as Principal Secretary (PWD) & others versus Shiv Ram and another, dated 3.6.2009, has already held that in RFA No. 43 of 2001 wherein Award Ext. PX was under challenge already stands decided and the award passed by the District Judge was upheld. Keeping in view the fact that the similarity of the acquired land with that of the exemplar land stands established on record and the fact that Award Ext. PX stands upheld by this Court, I see no reason as to why the present impugned award be interfered with. In the impugned award, the market value has been determined and compensation for the acquired land paid which is just, fair and reasonable. I see no illegality, infirmity or perversity in the same. The Court below has considered the entire material in its correct perspective. For the aforesaid reasons there is no merit in the present appeal and same is dismissed. Needless to add the claimants shall 4 be entitled to all statutory payments in conformity with the ratio of law laid down by the Apex court in Sunder Versus Union of India, (2001) 7 SCC 211. (Sanjay Karol), Judge. June 26, 2009 (PK)