IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA. RFA No. 146 of 2005 with RFAs No. 147 & 148 of 2005 Date of Decision : June 3, 2009 RFA No. 146 of 2005 Principal Secretary (PWD) & Ors. …Appellants Versus: Shiv Ram & Anr. …Respondents RFA No. 147 of 2005 L.A.C. & Anr. …Appellants Versus: Kaili & Anr. …Respondents RFA No. 148 of 2005 Secretary (PWD) & Ors. …Appellants Versus: Nanki & Ors. …Respondents Coram: The Hon’ble Mr.Justice Sanjay Karol, Judge. Whether approved for reporting? No For the appellants: Mr. Vivek Thakur, Addl. A.G. with Mr. J. S. Rana, Asstt. A.G. For the respondents : Mr. T. S. Chauhan, Advocate Sanjay Karol, J. (Oral) The present appeals arise out of the common award dated 25.2.2005 passed by the District Judge, Bilaspur, H.P. in Land Reference Petition No. 44 of 2001 titled as Shiv Ram & Anr. v. L.A.C. & Anr., Land Reference Petition No. 46 of 2001 titled as Kaili & Anr. v. L.A.C. & Anr., Land Reference Petition No. 49 of 2001 titled as Lekh Ram (since 2 deceased) through his LRs Nanki & Ors. v. L.A.C. & Anr. and, as such, are being heard and decided together. Learned counsel for the respondents states that the present appeals are covered by the judgment delivered by this Court in RFA No. 43/2001 titled as L.A.C. v. Kashmir Singh. For the public purpose, namely, ‘construction of Baner-Jagatkhana road’ the claimants land situate in village Chelli was acquired by the State. Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as ‘the Act’) was issued on 10.4.1996 which was published in the H.P. Rajpatra on 27.4.1996. The Collector, Land Acquisition passed his Award No. 3/2000 dated 14.1.2000, awarding different compensation for different categories of land ranging from Rs.81/- to Rs.1513/- per biswa (20 biswas make one bigha). The land owners, including the claimants filed land reference petitions under section 18 of the Act. In the case of the present appeals, the Court below enhanced the compensation by determining the market value of the acquired land @ Rs. 20,000/- per biswa on the basis of the award dated 11.1.2000 (Ext. PA) passed by the District Judge in one land reference petition, whereby market value of the acquired land was determined to be @ Rs. 20,000/- per biswa and the compensation was enhanced for the land acquired situated in the adjacent village. The said land which was also acquired for the construction of the road in the year 1990, was made basis for the same. Paras 12 & 14 justifying such enhancement are reproduced as under:- 3 “12. The only thing left for consideration is the copy of the award Ext. PA, dated 11.1.2000 passed by the then learned District Judge vide which he had awarded the compensation at the rate of Rs.20,000/- per Biswa. A perusal of the said award shows that the Court had considered four sale-transactions proved in that case and in that case the land was acquired vide notification issued on 22.3.1990 whereas in the present case, the notification was issued in April, 1996 i.e., after six years. The sale-transactions proved in that case were for a period of one year prior to the issuance of the notification whereas this notification has taken place after six years. The prices must have increased during this period of six years also. In that case the acquired land was in village Nal and the learned court had considered the sale-transactions in village Plate which was adjoining to the village Nal. In the present case, the land has been acquired in village Cheli and according to the statement of PW-1 Shri Sikander Lal, Patwari, this village and Village Nal are adjoining to each other according to the Latha. Therefore, the compensation awarded in regard to village Nal as per award Ext. PA can be said to be relevant. 14. A perusal of the award made by the Collector in this case, he had not considered any sale-transaction since these were not proved by the petitioners and others. In the award, the then learned District Judge had relied upon four sale- transactions and had concluded that the compensation at the rate of Rs.20,000/- per Biswa can be said to be adequate compensation. Keeping in view the fact that village Cheli is adjoining to village Nal for which compensation was awarded in the year, 2000 by the then learned District Judge keeping in view the sale-transactions proved in that case. The compensation of Rs.20,000/- per Biswa can be said to be just and adequate compensation in this case also. The fact that the period of six years had elapsed in between the time when notification was issued as in case Ext. PA and in the present 4 case and during this period also the prices of the land must have increased.” From the record, the similarity of the acquired land with that of the exemplar land stands established. In the present appeals the impugned award has been assailed on the ground that the said award dated 11.1.2000 was subject matter of challenge before this Court in RFA No. 43 of 2000 titled as State of H.P. & Anr. v. Kashmir Singh. In terms of judgment dated 24.3.2008 the award stands upheld to the extent of the rates determined by the District Judge while enhancing the compensation, due and payable to the land owners. Keeping in view the fact that similarity of the acquired land with that of the exemplar award stands established on record and the fact that the award Ext.PA stands approved by this Court, I see no reason as to why the same be not accepted and made basis for determining the market value of the acquired land and enhancing amount of compensation payable to the claimants. In the impugned award, therefore, the market value has been rightly determined and compensation for the acquired land has been fairly awarded to the claimants. I see no illegality, perversity or infirmity in the same. The entire material has been considered by the Court below in its right perspective. For the aforesaid reasons, I find no merit in the present appeals and the same are accordingly dismissed. ( Sanjay Karol ), Judge. June 3, 2009 (rana)