IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA RFA No. 466 of 2004 and RFA No. 467 of 2004 Date of Decision : May 29, 2009 RFA No. 466 of 2004 State of H.P. and others. Appellants Versus Sh. Puran Chand. Respondent RFA No. 467 of 2004 State of H.P. and others. Appellants Versus Smt. Janki Devi and another. 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. Ramakant Sharma, Advocate, for the respondents. Sanjay Karol, J. (Oral) Learned counsel for the parties submit that the appeals are squarely covered by the judgment dated 20.8.2007 passed by this 1 Whether reports of Local Papers may be allowed to see the judgment? 2 Court in RFA No. 156 of 2003, titled as Shri Dinesh Chhetry versus State of Himachal Pradesh & others and other connected matters. Claimants’ land situate in village Diur was acquired for the purpose of Kumarhatti-Oachghat road. The notification for acquisition of the land was issued on 16.6.1998 and on 13.6.2000 award No. 31 of 2000 was passed by the Land Acquisition Collector under Section 11 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act). The land owners including the claimants filed separate land reference petitions under Section 18 of the Act. Some of the land reference petitions were decided in terms of award dated 17.4.2003 whereby the District Judge uniformally awarded compensation for the acquired land @ Rs. 1,33,333/- per bigha. This was regardless of the classification and category of the land. But, however, in other connected land reference petitions the District Judge awarded compensation @ Rs. 1,50,000/- per bigha. The State assailed the said awards before this Court, which now stand decided in terms of judgment dated 20.8.2007 passed in RFA No. 156/2003 and other connected matters. This Court after taking into account the material placed on record by the parties upheld the award passed by District Judge whereby compensation was awarded @ Rs. 1,33,333.20. Where the District Judge had awarded compensation at the rate of Rs. 1,50,000/- the amount was reduced to Rs. 1,33,333/-. This was so 3 done so as to maintain uniformity of compensation awarded to all the claimants whose land was acquired for the said public purpose. In the present case the claimants’ land was acquired vide award No. 31 of 2000 dated 13.6.2000 passed by the Collector. The very same award was subject matter in RFA No. 156 of 2003, titled as Shri Dinesh Chhetry versus State of Himachal Pradesh & others and other connected matters. Hence the present appeals being squarely covered by the aforesaid decision are decided accordingly. Claimants herein are entitled to compensation at the rate of Rs. 1,33,333/- instead of Rs. 1,50,000/- per bigha as awarded by the Court below. The impugned award as consented by the learned counsel for the parties is modified. The claimants herein, shall be entitled to all benefits as per the ratio of law laid by the Apex Court in Sunder versus Union of India, 2001 (7) SCC 211. To the extent the appeals are allowed and the award is modified. (Sanjay Karol), Judge. May 29, 2009 (PK)