IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA RFA No. 199 of 2005. Decided on 28th April, 2009. State of H.P. & Ors. …Appellants Versus Rattan Singh …Respondent. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Appellant(s) : Mr. P.M.Negi, Deputy Advocate General. For the Respondent(s): Mr. Ramakant Sharma, Advocate. Surjit Singh,J (Oral). This appeal by the State is directed against the award dated 5.3.2005 of learned Additional District Judge, Solan, whereby on a reference, under Section 18 of the Land Acquisition Collector, compensation for the acquired land of the respondent has been enhanced by holding that the market value of the land was Rs.1,50,000/- per bigha, irrespective of its kind. It has been brought to my notice that land of a large number of residents of village Diur, Tehsil and District Solan, had been acquired by the State of Himachal Pradesh, for a public purpose and a single award was given by the Land Acquisition Collector, being Award No. 31of 2000, who assessed Whether reporters of the local papers may be allowed to see the judgment? - 2 - the market value at different rates, depending upon the kind of land. Land owners were aggrieved by the assessment of value of land done by the Land Acquisition Collector, and so at their instance, references were made by the Land Acquisition Collector to the District Judge. Reference made at the instance of the present respondent was heard by the learned Additional District Judge. He assessed the market value of land, at the rate of Rs.1,50,000/- per bigha, irrespective of classification. In the case of other land owners also, the market value of the land was assessed at the rate of Rs.1,50,000/- per bigha, irrespective of the kind of land, by the District Judge or the Additional District Judge, by separate awards. It appears that State filed appeals against all the awards. This Court has decided a bunch of eighteen appeals vide judgment dated 20th August, 2007, delivered in RFA No. 156 of 2003, titled Dinesh Chhetry versus State of H.P. & others, and seventeen other RFAs, per which, the market value of the land has been reduced from Rs. 1,50,000/- per bigha, as assessed on references under Section 18 of the Land Acquisition Act, by the Additional District Judge, to Rs. 1,33,330/- per bigha, irrespective of its kind. Parties admit that the present appeal is covered by the aforesaid judgment dated 20th August, 2007, delivered in RFA No. 156 of 2003, titled Dinesh Chhetry versus State of H.P. & others. Hence, the present appeal is partly allowed and the market value of the acquired land of the respondent is assessed - 3 - at Rs. 1,33,330/- per bigha, irrespective of its kind, instead of Rs.1,50,000/- per bigha, as assessed by the learned District Judge. The judgment of the learned District Judge, is further modified in terms of the aforesaid judgment dated 20th August, 2007, delivered in RFA No. 156 of 2003, to the extent that interest shall be payable to the respondent in terms of Section 28 of the Land Acquisition Act, on the element of compulsory acquisition charges forming part of quantum of compensation. The appeal stands disposed of. April 28, 2009. ( Surjit Singh ), J. s.