IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWPs No.391, 389, 390, 392, 393, 394, 395, 396, 397, 398, 399, 400, 598, 600, 601, 602, 643, 644, 645, 712, 713, 714, 715, 716, 730, 795, 796, 797, 798, 799, 929 of 2008, 216 & 217 of 2009. Date of decision : December 16, 2011 1.CWP No.391/2008 1. Union of India through Secretary, Power and Energy, Government of India, New Delhi. 2. Beas Construction Board, through its General Manager, B.B.M.B. Complex, Madhya Marg, Chandigarh. …Petitioners. Versus Shri Paras Ram (dead), through LRs 1(a) Smt. Rattni, widow 1(b) Shri Sushil Kumar, son 1(c) Shri Anil Kumar, son of late Shri Paras Ram, residents of Dalta, Pargana and Tehsil Sadar, District Bilaspur, Himachal Pradesh. …Respondents. 2.CWP No.389/2008 1. Union of India through Secretary, Power and Energy, Government of India, New Delhi. 2. Beas Construction Board, through its General Manager, B.B.M.B. Complex, Madhya Marg, Chandigarh. …Petitioners. Versus 1. Shri Narender son of Shri Sita Ram, resident of Deoli, Pargana and Tehsil Sadar, District Bilaspur, Himachal Pradesh. 2. Deputy Commissioner, Bilaspur, District Bilaspur, Himachal Pradesh. …Respondents. 3.CWP No.390/2008 1. Union of India through Secretary, Power and Energy, Government of India, New Delhi. …2… 2. Beas Construction Board, through its General Manager, B.B.M.B. Complex, Madhya Marg, Chandigarh. …Petitioners. Versus Shri Sant Ram son of Shri Shikra, resident of village Sarad, Pargana and Tehsil Sadar, District Bilaspur, Himachal Pradesh. …Respondent. 4.CWP No.392/2008 1. Union of India through Secretary, Power and Energy, Government of India, New Delhi. 2. Beas Construction Board, through its General Manager, B.B.M.B. Complex, Madhya Marg, Chandigarh. …Petitioners. Versus Shri Devi Ram son of Shri Jhaiyan, resident of village Deoli, Pargana and Tehsil Sadar, District Bilaspur, Himachal Pradesh. …Respondent. 5.CWP No.393/2008 1. Union of India through Secretary, Power and Energy, Government of India, New Delhi. 2. Beas Construction Board, through its General Manager, B.B.M.B. Complex, Madhya Marg, Chandigarh. …Petitioners. Versus Shri Piare Lal son of Shri Munshi, resident of village Deoli, Pargana and Tehsil Sadar, District Bilaspur, Himachal Pradesh. …Respondent. 6.CWP No.394/2008 1. Union of India through Secretary, Power and Energy, Government of India, New Delhi. 2. Beas Construction Board, through its General Manager, B.B.M.B. Complex, Madhya Marg, Chandigarh. …Petitioners. Versus …3… Shri Sita Ram son of Shri Shiv Ram, resident of village Deoli, Pargana and Tehsil Sadar, District Bilaspur, Himachal Pradesh. …Respondent. 7.CWP No.395/2008 1. Union of India through Secretary, Power and Energy, Government of India, New Delhi. 2. Beas Construction Board, through its General Manager, B.B.M.B. Complex, Madhya Marg, Chandigarh. …Petitioners. Versus Shri Shyam Lal son of Shri Ram Dass, resident of village Deoli, Pargana and Tehsil Sadar, District Bilaspur, Himachal Pradesh. …Respondent. 8.CWP No.396/2008 1. Union of India through Secretary, Power and Energy, Government of India, New Delhi. 2. Beas Construction Board, through its General Manager, B.B.M.B. Complex, Madhya Marg, Chandigarh. …Petitioners. Versus Shri Ravinder Kumar son of Shri Krishnu, resident of village Deoli, Pargana and Tehsil Sadar, District Bilaspur, Himachal Pradesh. …Respondent. 9.CWP No.397/2008 1. Union of India through Secretary, Power and Energy, Government of India, New Delhi. 2. Beas Construction Board, through its General Manager, B.B.M.B. Complex, Madhya Marg, Chandigarh. …Petitioners. Versus Shri Jagdish son of Shri Lachhman, resident of village Dalta, Pargana and Tehsil Sadar, District Bilaspur, Himachal Pradesh. …Respondent. …4… 10.CWP No.398/2008 1. Union of India through Secretary, Power and Energy, Government of India, New Delhi. 2. Beas Construction Board, through its General Manager, B.B.M.B. Complex, Madhya Marg, Chandigarh. …Petitioners. Versus Shri Paras Ram son of Shri Daya Ram, resident of village Gohind, Pargana and Tehsil Sadar, District Bilaspur, Himachal Pradesh. …Respondent. 11.CWP No.399/2008 1. Union of India through Secretary, Power and Energy, Government of India, New Delhi. 2. Beas Construction Board, through its General Manager, B.B.M.B. Complex, Madhya Marg, Chandigarh. …Petitioners. Versus Shri Bardu son of Shri Lokha, resident of Village Dhar, Pargana and Tehsil Sadar, District Bilaspur, Himachal Pradesh. …Respondent. 12.CWP No.400/2008 1. Union of India through Secretary, Power and Energy, Government of India, New Delhi. 2. Beas Construction Board, through its General Manager, B.B.M.B. Complex, Madhya Marg, Chandigarh. …Petitioners. Versus Shri Jaindu Ram son of Shri Nanaku, resident of Village Dhar, Pargana and Tehsil Sadar, District Bilaspur, Himachal Pradesh. …Respondent. 13.CWP No.598/2008 1. Union of India through Secretary, Power and Energy, Government of India, New Delhi. 2. Beas Construction Board, through its General Manager, B.B.M.B. Complex, Madhya Marg, Chandigarh. …Petitioners. …5… Versus Shri Surender Kumar son of Shri Hari Ram, resident of Village Deoli, Pargana and Tehsil Sadar, District Bilaspur, Himachal Pradesh. …Respondent. 14.CWP No.600/2008 1. Union of India through Secretary, Power and Energy, Government of India, New Delhi. 2. Beas Construction Board, through its General Manager, B.B.M.B. Complex, Madhya Marg, Chandigarh. …Petitioners. Versus 1. Smt. Bhuri Devi, widow 2. Shri Rattan Lal, son 3. Shri Chet Ram, son of Shri Tulsi, residents of village Deoli, Pargana and Tehsil Sadar, District Bilaspur, Himachal Pradesh. …Respondents. 15.CWP No.601/2008 1. Union of India through Secretary, Power and Energy, Government of India, New Delhi. 2. Beas Construction Board, through its General Manager, B.B.M.B. Complex, Madhya Marg, Chandigarh. …Petitioners. Versus Shri Bhagat Ram son of Shri Besaria Ram, resident of Village Dhar, Pargana and Tehsil Sadar, District Bilaspur, Himachal Pradesh. …Respondents. 16.CWP No.602/2008 1. Union of India through Secretary, Power and Energy, Government of India, New Delhi. 2. Beas Construction Board, through its General Manager, B.B.M.B. Complex, Madhya Marg, Chandigarh. …Petitioners. Versus Smt. Gambhru widow of Shri Bansi, resident of Village Tikkari, Pargana and Tehsil Sadar, District Bilaspur, Himachal Pradesh. …Respondents. …6… 17.CWP No.643/2008 1. Union of India through Secretary, Power and Energy, Government of India, New Delhi. 2. Beas Construction Board, through its General Manager, B.B.M.B. Complex, Madhya Marg, Chandigarh. …Petitioners. Versus 1. Shri Munshi Ram, 2. Shri Garja Ram, Sons of Shri Nihalu, residents of Village Dhar, Pargana and Tehsil Sadar, District Bilaspur, Himachal Pradesh. …Respondents. 18.CWP No.644/2008 1. Union of India through Secretary, Power and Energy, Government of India, New Delhi. 2. Beas Construction Board, through its General Manager, B.B.M.B. Complex, Madhya Marg, Chandigarh. …Petitioners. Versus 1. Shri Piare Lal, son 2. Shri Daulat Ram, son 3. Shri Rajinder Kumar, son 4. Ms Geeta Devin, daughter 5. Ms Shanti Devi, widow of Shri Munshi Ram, residents of village Deoli, Pargana and Tehsil Sadar, District Bilaspur, Himachal Pradesh. …Respondents. 19.CWP No.645/2008 1. Union of India through Secretary, Power and Energy, Government of India, New Delhi. 2. Beas Construction Board, through its General Manager, B.B.M.B. Complex, Madhya Marg, Chandigarh. …Petitioners. Versus 1. Smt. Netra Sharma, widow 2. Shri Yogesh Sharma, son 3. Shri Rajesh Sharma, son …7… of Shri Jagat Pal, residents of village Deoli, Pargana and Tehsil Sadar, District Bilaspur, Himachal Pradesh. …Respondents. 20.CWP No.712/2008 1. Union of India through secretary, Power and Energy, Govt. of India, New Delhi. 2. Beas Construction Board, through its General Manager, BBMP Complex, Madhya Marg, Chandigarh. Petitioners. Versus 1. Anil Kumar son of Shri Sukh Ram son of Shri Sadh; 2. Sanjiv Kumar son of Shri Sukh Ram son of Shri Sadh; 3. Smt. Satya Devi widow of Shri Sukh Ram; 4. Kanta Devi daughter of Shri Sukh Ram; 5. Sunita Devi daughter of Shri Sukh Ram; 6. Shashi Bala daughter of Shri Sukh Ram; 7. Prem Lata daughter of Shri Sukh Ram; (Petitioners No.4 to 6 through their special power of attorney Shri Anil Kumar, petitioner No.1) 8. Bali Ram son of Sadh; 9. Smt. Savitri Devi widow of Shri Chunka son of Shri Sadh; 10. Arvind son of Shri Chunka son of Shri Sadh; 11. Ranjna Devi daughter of Shri Chunka (through special power of attorney Smt. Savitri devi, petitioner No.9); 12. Rajiv son of Shri Chunka son of Shri Sadh (minor); 13. Rachna daughter of Shri Chunka son of Shri Sadh (minor) (minors through their mother petitioner No.9) All residents of village Gohind, Pargana and Tehsil Sadar, District Bilaspur, H.P. ….Respondents 21.CWP No.713/2008 1. Union of India through Secretary, Power and Energy, Government of India, New Delhi. 2. Beas Construction Board, through its General Manager, B.B.M.B. Complex, Madhya Marg, Chandigarh. …Petitioners. …8… Versus 1. Smt. Bohri Devi, widow 2. Shri Rattan Lal, son 3. Shri Chet Ram, son of Shri Tulsi, residents of village Deoli, Pargana and Tehsil Sadar, District Bilaspur, Himachal Pradesh. …Respondents. 22.CWP No.714/2008 1. Union of India through Secretary, Power and Energy, Government of India, New Delhi. 2. Beas Construction Board, through its General Manager, B.B.M.B. Complex, Madhya Marg, Chandigarh. …Petitioners. Versus Shri Shankar son of Shri Bhoja, resident of village Deoli, Pargana and Tehsil Sadar, District Bilaspur, Himachal Pradesh. …Respondent. 23.CWP No.715/2008 1. Union of India through Secretary, Power and Energy, Government of India, New Delhi. 2. Beas Construction Board, through its General Manager, B.B.M.B. Complex, Madhya Marg, Chandigarh. …Petitioners. Versus Shri Sukh Ram son of Shri Pohlo (L.R. of deceased Parwati), resident of village Deoli, Pargana and Tehsil Sadar, District Bilaspur, Himachal Pradesh. …Respondents. 24.CWP No.716/2008 1. Union of India through Secretary, Power and Energy, Government of India, New Delhi. 2. Beas Construction Board, through its General Manager, B.B.M.B. Complex, Madhya Marg, Chandigarh. …Petitioners. Versus Shri Rajinder Kumar son of Shri Munshi, resident of Village Deoli, Pargana and Tehsil Sadar, District Bilaspur, Himachal Pradesh. …Respondent. …9… 25.CWP No.730/2008 1. Union of India through Secretary, Power and Energy, Government of India, New Delhi. 2. Beas Construction Board, through its General Manager, B.B.M.B. Complex, Madhya Marg, Chandigarh. …Petitioners. Versus Shri Lachhman son of Shri Kedaru, resident of village Dalta, Pargana and Tehsil Sadar, District Bilaspur, Himachal Pradesh. …Respondent. 26.CWP No.795/2008 1. Union of India through Secretary, Power and Energy, Government of India, New Delhi. 2. Beas Construction Board, through its General Manager, B.B.M.B. Complex, Madhya Marg, Chandigarh. …Petitioners. Versus Shri Hariman son of Shri Santu, resident of village Deoli, Pargana and Tehsil Sadar, District Bilaspur, Himachal Pradesh. …Respondent. 27.CWP No.796/2008 1. Union of India through Secretary, Power and Energy, Government of India, New Delhi. 2. Beas Construction Board, through its General Manager, B.B.M.B. Complex, Madhya Marg, Chandigarh. …Petitioners. Versus Shri Kishori Lal son of Shri Tatu, resident of village Deoli, Pargana and Tehsil Sadar, District Bilaspur, Himachal Pradesh. …Respondent. 28.CWP No.797/2008 1. Union of India through Secretary, Power and Energy, Government of India, New Delhi. 2. Beas Construction Board, through its General Manager, B.B.M.B. Complex, Madhya Marg, Chandigarh. …Petitioners. …10… Versus Shri Chint Ram son of Shri Rodhu, resident of village Deoli, Pargana and Tehsil Sadar, District Bilaspur, Himachal Pradesh. …Respondent. 29.CWP No.798/2008 1. Union of India through Secretary, Power and Energy, Government of India, New Delhi. 2. Beas Construction Board, through its General Manager, B.B.M.B. Complex, Madhya Marg, Chandigarh. …Petitioners. Versus Shri Jagdish son of Shri Kanshi, resident of Village Dalta, Pargana and Tehsil Sadar, District Bilaspur, Himachal Pradesh. …Respondents. 30.CWP No.799/2008 1. Union of India through Secretary, Power and Energy, Government of India, New Delhi. 2. Beas Construction Board, through its General Manager, B.B.M.B. Complex, Madhya Marg, Chandigarh. …Petitioners. Versus Shri Joginder son of Shri Govindu, resident of Village Deoli, Pargana and Tehsil Sadar, District Bilaspur, Himachal Pradesh. …Respondent. 31.CWP No.929/2008 1. Union of India through Secretary, Power and Energy, Government of India, New Delhi. 2. Beas Construction Board, through its General Manager, B.B.M.B. Complex, Madhya Marg, Chandigarh. …Petitioners. Versus Shri Gopala son of Shri Gheler, resident of village Deoli, Pargana and Tehsil Sadar, District Bilaspur, Himachal Pradesh. …Respondent. …11… 32.CWP No.216/2009 1 Union of India through Secretary, Power and Energy, Govt. of India, New Delhi. 2. Beas Construction Board, through its General Manager, BBMB Complex, Madhya Marg, Chandigarh. …Petitioners. Versus 1. Dhani Ram son of Sh. Munshi Ram, 2. Dhanaya Ram son of Sh. Munshi Ram Both residents of Village Bhatoli, Tehsil Sadar, Distt. Bilaspur, H.P. 3. Shri Nanku Ram 4. Achhru Ram, both sons of Shri Tulsi Ram, residents of village Dhamthal, P.O. Jukhala, Tehsil Sadar, Distt Bilaspur, HP. 5. Chhota Ram son of Shri Sant Ram, R/O village Dhamthal, P.O. Jukhala, Tehsil Sadar, Distt Bilaspur, HP. 6. Shri Rama Kant, son of Sh. Nauriyamal, village Dhamthal, P.O. Jukhala, Tehsil Sadar, Distt Bilaspur, HP. 7. Luxmi Kant, son of Sh. Nauriyamal, resident of village Dhamthal, P.O. Jukhala, Tehsil Sadar, Distt Bilaspur, HP. 8. Shri Hari Ram, son of Sh. Bihari Lal, R./O Vill. Gassaur, P.O. Jukhala, Tehsil Sadar Distt. Bilaspur, H.P. 9. Dila Ram 10. Nand Lal 11. Devi Ram 12. Hari Ram All sons of Smt. Mehandi Devi, daughter of Smt. Gaurju, Widow of Sh. Shaniya Lal, residents of Village Makri Markand, PO Jukhala, Tehsil Sadar, Distt. Bilaspur, H.P. 13. Shyam Lal 14. Ram Lal 15. Roop Lal 16. Rajinder Kumar 17. Jiwan Kumar Sons of Sh. Puran, 18. Saroj D/O Sh. Puran 19. Smt. Daropti Widow of late Sh. Puran Chand, Respondents 13 to 20 all residents of Vill. Bhatoli, P.O. Jukhala, Tehsil Sadar, Distt. Bilaspur, HP. …12… 20. Ram Lal son of Shri Sita Ram, R/O Village Gassaur/ Jukhala, P.O. Jukhala, Tehsil Sadar, Distt. Bilaspur, H.P. 21. Ram Swaroop S/O Shri Dhari, R/O Village Makri Markand, P.O. Jukhala, Tehsil Sadar, Distt. Bilaspur, H.P. 22. Krishan Singh son of Sh. Kapura, R/O Village Panjaitan, P.O. Jukhala, Tehsil Sadar, Distt. Bilaspur, H.P. 23. Sukh Ram S/O Sh. Ram Dittu, R/O Village Panjaitan, P.O. Jukhala, Tehsil Sadar, Distt. Bilaspur, H.P. 24. Roshan Lal 25. Babu Ram 26. Ram Lal All sons of Shri Masadi, R/O Village Jukhala, P.O. Jukhala, Tehsil Sadar, Distt. Bilaspur, H.P. 27. Ram Lal S/O Lokhu Ram, R/O Village Balwar, P.O. Jukhala, Tehsil Sadar, Distt. Bilaspur, H.P. 28. Nand Lal S/O Lakhu Ram 29. Manohar Lal S/O Lakhu Ram All residents of Village Balwar, P.O. Jukhala, Tehsil Sadar, Distt. Bilaspur, H.P. 30. Nand Lal S/O Sh. Lakhu Ram 31. Parman Nand S/O Shri Ramji, 32. Rattan Lal son of Sh. Shiv Ram, 33. Madan Lal, son of Sh. Shiv Ram, 34. Manohar Lal son of Sh. Shiv Ram 35. Brij Lal son of Sh. Shiv Ram 36. Smt. Ratani Devi D/O Shiv Ram 37. Nirmala Devi D/O Sh. Shiv Ram All residents of Village Jukhala, P.O. Jukhala, Tehsil Sadar, Distt. Bilaspur, H.P. 38. Gorkhu Ram son of Sh. Durga, R/O Village Balwar, P.O. Jukhala, Tehsil Sadar, Distt. Bilaspur, H.P. 39. Ramka S/O Sh. Tikhu, 40. Chamel Singh S/O Sh. Kellar, both respondents 39 and 40 R/O Village Lag Ghat P.O. Deoth, Tehsil Sadar, Distt. Bilaspur, H.P. 41. Bishan Dass son of Sh. Ram Dittu, R/O Village Panjaitan, P.O. Jukhala, Tehsil Sadar, Distt. Bilaspur, H.P. 42. Daya Lal S/O Sh. Kanshi Ram, R/O Village Niharkhan Basla, P.O. Brahampukhar, Tehsil Sadar, Distt. Bilaspur, HP. 43. Daropti Devi W/O Sh. Hari Ram, R/O Village Jukhala, P.O. Jukhala, Tehsil Sadar, Distt. Bilaspur, H.P. 44. Jagan Nath S/O Sh. Sadhu 45. Smt. Krishni Devi W/O Atma Ram …13… 46. Anil Kumar S/O Atma Ram 47. Rajesh Kumar S/O Atma Ram 48. Pradeep Kumar son of Sh. Atma Ram All residents of Vill. Panjaitan, PO Gassaur, Tehsil Sadar, Distt. Bilaspur, HP 49. Daya Lal, S/O Sh. Kanshi Ram, R/O Niharkhan Basla, PO Brahampukhar, Tehsil Sadar,. Distt. Bilaspur, H.P. 50. Vidya Devi Wd/ O Sh. Dhani Ram 51. Desh Raj S/O Sh. Dhani Ram 52. Sheela Devi D/O Sh. Dhani Ram All residents of Village Jukhala, Tehsil Sadar. Distt. Bilaspur, HP. 53. Sh. Roshan Lal S/O Sh. Sunder Lal, R/O Village Balwar, PO Jukhala, Tehsil Sadar, Distt. Bilaspur, HP 54. Thlsi Ram S/O late Sh. Jiwanu Ram, R/O Village Dadhog Jukhala, Tehsil Sadar, Distt. Bilaspur, HP 55. Rameshwari W/O late Sh. Kanshi Ram, 56. Lal Chand S/O Sh. Sant Ram 57. Ankush S/O Diwan Chand 58. Meera Devi Wd/ O Diwan Chand All residents of Village Jukhala PO Jukhala, Tehsil Sadar Distt. Bilaspur, HP. …Respondents. 59. Deputy Commissioner, Bilaspur, Distt. Bilaspur, HP. …Proforma-Respondent. 33.CWP No.217/2009 1. Union of India through Secretary, Power and Energy, Government of India, New Delhi. 2. Beas Construction Board, through its General Manager, B.B.M.B. Complex, Madhya Marg, Chandigarh. …Petitioners. Versus 1 Smt. Savitri Devi, widow 2 Smt. Geeta Devi, widow 3 Shri Ram Singh, son 4 Ms Parshotam Devi, daughter 5 Ms Neelima Devi, daughter …14… 6 Ms Ranju Devi, daughter 7 Smt. Dashodha, mother (expired) of Shri Krishanu, resident of village Deoli, Pargana and Tehsil Sadar, District Bilaspur, Himachal Pradesh. …Respondents. 8 Deputy Commissioner, Bilaspur, District Bilaspur, Himachal Pradesh. ……Proforma-respondent. Civil Writ Petitions, under Article 226 of the Constitution of India against the award dated 30.6.2007, passed by learned District Judge, Bilaspur, in Reference Peition No.17 of 2001/2007; with a prayer to set aside the same. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting? For the Petitioners : Mr. Sandeep Sharma, Assistant Solicitor General of India, with Ms Anita Dogra, Central Government Counsel. For the Respondents : Mr. R.K. Bawa, Advocate General, with Mr. J.S. Verma, Deputy Advocate General; Ms Ranjana Parmar, Shri T.S. Chauhan, Mr. Vikrant Sankhyan, Ms Neelam Kaplas vice Mr. J.R. Poswal, Advocates. …15… Surjit Singh, Judge (oral) Petitioners, in all these writ petitions, have sought judicial review of award dated 30.6.2007 of learned District Judge, Bilaspur, whereby on the petitions filed by respondents, under Section 16(3) of Indian Telegraph Act, 1885, read with Section 51 of Indian Electricity Act, compensation awarded by the Collector for damage to the trees standing in the orchards of the respondents, while laying a power line, has been increased by five times, relying upon a judgment of this Court in Union of India & others Vs. Khazana Ram and others (CWP No. 372 of 1997 and connected cases), decided on 31.3.1998, copy Annexure P-1. 2. Grievance of the petitioners is that the award of the learned District Judge is contrary to the judgment passed by a learned Single Judge of this Court in CWP No. 750 of 2004 and connected matters, decided on 18.12.2006, copy Annexure P-4. According to the petitioners, in the aforesaid judgment, Annexure P-4, it was decided that the learned District Judge would determine the compensation in these matters, after making assessment of the number of damaged trees and the extent of damage to such trees. Petitioners’ grievance is that without there being any evidence on record, with respect to the numbers of trees and the extent of damage …16… to those trees, learned District Judge has enhanced the compensation, relying upon the aforesaid Division Bench judgment of this Court in Union of India and others Vs. Khazana Ram and others, copy Annexure P-1. 3. We have heard learned Assistant Solicitor General of India for the petitioners as also the learned counsel, representing the respondents and examined the record. 4. It is not in dispute that the Collector had awarded certain amount of compensation to all the respondents in these matters, on account of damage having been caused to the trees standing in their orchards, while laying a power line, which was the subject matter of writ petition Union of India and others Vs. Khazana Ram and others, aforesaid. 5. What did the Division Bench of this Court in Union of India and others Vs. Khazana Ram and others do was that without looking into the details of the damage etc., it accepted the extent of damage to the trees, as assessed by the Collector, but enhanced the amount of compensation by five times on account of similar increase in the price index since the date of evolution of formula for working out compensation payable for damage to the trees upto the date of such damage. The formula is popularly …17… known as Sardar Harbans Singh’s formula in this part of the country. 6. Now, when admittedly damage had been caused to the trees of the respondents, because that is why some amount of compensation had been worked out and paid to them by the Collector, no fault can be found with award of learned District Judge, only for the reason that no evidence had been led before him, with regard to the number of trees as also the extent of damage caused to such trees despite a direction by learned Single Judge in CWP No.750 of 2004 that an evidence was to be led. Like what this Court did in Union of India and others Vs. Khazana Ram and others, learned District Judge has accepted the finding of the Collector, with respect to the extent of damage as also the number of trees damaged, and enhanced compensation five times, in view of the increase in the price index. Evidence with regard to the number of damaged trees and the extent of damage could have been required if the respondents’ plea was that the damage in terms of number of trees and the extent of damage to such trees was high in what was assessed by the Collector. Learned District Judge having not disturbed the award of the Collector, with regard to this aspect of the matter and the respondents having impliedly accepted the same, as they do not challenge it, non-compliance of …18… direction of learned Single Judge in CWP No.750 of 2004, becomes a non-issue. Consequently, all the writ petitions are dismissed. Pending applications, in all the writ petitions, shall stand disposed of. (Kurian Joseph), Chief Justice December 16, 2011 (Surjit Singh) (ss) Judge