IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA RFA No. 76 of 2008 alongwith RFA No. 78 of 2008 Date of decision: 1.7.2009 RFA No. 76 of 2008 H.P.P.W.D. ……………Appellants Versus Harnam Singh & Ors. ……………Respondents RFA No. 78 of 2008 H.P.P.W.D. ……………Appellants Versus Prem Singh & Ors. ……………Respondents Coram The Hon’ble Mr.Justice Sanjay Karol, J. Whether approved for reporting?1 No RFA No. 76 of 2008 For the appellants : Mr. R.K. Bawa, Advocate General with Mr. Vivek Thakur, Additional A.G. and Mr. J.S. Rana, Asstt. A.G. For the respondents No. 1,2& : Mr. Dharamvir Sharma, Advocate. 4 to 6 RFA No. 78 of 2008 For the appellants : Mr. R.K. Bawa, Advocate General with Mr. Vivek Thakur, Additional A.G. and Mr. J.S. Rana, Asstt. A.G. For the respondents No. 1 &2 : Mr. Dharamvir Sharma, Advocate. 1 Whether the reporters of the local papers may be allowed to see the Judgment? 2 Sanjay Karol, J. (Oral) In these appeals the state has assailed the common award dated 16.11.2007 passed by the Additional District Judge, Sirmour District at Nahan in land reference petition No. 38-N/4 of 2002, titled as Harnam Singh and others vs. H.P. PWD & others and land reference petition No. 41-N/4 of 2002, titled as Prem Singh vs. H.P.PWD and others. For the public purpose, namely, construction of Mashi Ka Ghat Dinger Kiner Mathana road the claimants land situated in village Khaska Dinge, Tehsil Pachhad, District Sirmour HP was acquired by the state. Notification under Section 4 Land Acquisition Act, 1894 (hereinafter referred to as the ‘Act’) dated 8.9.1998 was published in the H.P. Rajpatra on 12.10.1998. The Collector Land Acquisition passed the Award No. 4 of 2001 on 10th May, 2001. Various land owners filed land reference petitions under Section 18 of the Act. In one set of land reference petition being No. 1-N of 1995, the District Judge enhanced the compensation awarded by the 3 Collector and uniformly awarded the compensation by determining the market value of the acquired land to be Rs. 5000/- per biswa. These awards were subject matter of challenge before this Court in RFA No. 187 of 2007, titled as State of H.P. & others vs. Amar Singh and other connected matters. In the said appeals, the award passed by the District Judge was upheld by this Court in terms of judgment dated 4th January 2008. The present claimants/respondents also filed land reference petitions which stand decided in terms of the impugned award. While passing the same, the court below has taken into account the award Ext. PW1/B passed by the District Judge on 19th March, 2007. The said award also pertains to the very same acquisition proceedings whereby land was acquired in the very same village and for the very same public purpose. The notification for acquisition of land in the present case as also in RFA No. 187 of 2007 is same. In the instant award the Collector has determine the market value of the acquired land to be Rs. 1,00,000/- per bigha which is 5,000/- per biswa. Since this Court has already upheld 4 the award passed by the District Judge determining the said market value to be just fair and reasonable, I see no reasons as to why the similarly situated claimants, in the present appeals be also not awarded the said compensation. Learned counsel for the parties are in agreement that the instant appeals are in fact squarely covered by the decision of this Court in RFA No. 187 of 2008. For the aforesaid reasons, I see no reasons to interfere in the impugned award. The appeals are accordingly dismissed, so also the pending applications. (Sanjay Karol), 1st July, 2009 Judge. (vs)