IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA RFA Nos.130, 131 132, 133 of 2005 Date of decision: 02.07.2010. 1. RFA No.130 of 2005 & Cross Objection No.248 of 2005. HP Housing & Urban Development …Appellants Authority and Another Versus Shri Venkteshwar Bhardwaj & Others …Respondents 2. RFA No.131 of 2005 & Cross Objection No.249 of 2005. HP Housing & Urban Development …Appellants Authority and Another Versus Shri Kishori Lal & Others …Respondents 3. RFA No.132 of 2005 & Cross Objection No.250 of 2005. HP Housing & Urban Development …Appellants Authority and Another Versus Shri Beli Ram & Others …Respondents 4. RFA No.133 of 2005 & Cross Objection No.251 of 2005. HP Housing & Urban Development …Appellants Authority and Another Versus Shri Dev Rattan & Others …Respondents Coram The Hon’ble Mr.Justice Dev Darshan Sud,J. Whether approved for reporting ?1 No. For the Appellant: Mr.Bhupender Gupta, Senior Advocate with M/s.Neeraj Gupta and Chandernarayan Singh, Advocates. For Respondents No.1 to 4: Mr.G.D. Verma, Senior Advocate with Mr.Romesh Verma, Advocate. For Respondent No.5: Mr.R.K. Bawa, Advocate General with Ms.Ruma Kaushik, Additional Advocate General. Dev Darshan Sud,J. These appeals also challenge the rate awarded in acquisition of land for purposes of construction of 1 Whether the reporters of Local Papers may be allowed to see the judgement? Yes. 2 a Housing Colony, where the part of the acquisition proceedings has been decided by my judgment in RFA No.287 of 2003, titled: HP Housing & Urban Development Authority vs. Shri Ram Karan & Others and all other connected appeals. 2. The only difference in these appeals is that the rate awarded by the learned Court is 1,400/- rupees per square meter. The Notification under Section 4 in these cases was issued on 9.7.2001, whereas in the other petitions, the Notification was issued in 28.10.1997. The Land Acquisition Collector made his award on 30.3.2002 and it is but natural that during this period, the rate of the land would go up, more especially, considering the fact that a huge Housing Board Colony was being constructed in the area. The learned Court considers the various sale deeds which have been placed on the record with rates ranging from 174/- rupees per square meters to 1667/- rupees per square meter. However, for arriving at this conclusion for awarding 1400/- rupees per square meter he refers to the record of the Land Acquisition Collector where he himself has considered for awarding Rs.1627.84 paise per square meter as the average rate applicable for the acquisition. 3. Considering the entirety of the case that is that the land was acquired specifically for the purpose of construction of the Housing Board Colony and the other aspects of the case having been considered by me 3 in the appeals as noticed above, I hold that the award of Rs.1,400/- per square meter is not unreasonable and would also take care of the fact of deductions urged. I find no difference in the evidence in these cases than in the appeals decided by me. I, therefore, find no merit in these appeals which are accordingly dismissed. Cross Objection No.248 of 2005 in RFA No.130 of 2005. Cross Objection No.249 of 2005 in RFA No.131 of 2005. Cross Objection No.250 of 2005 in RFA No.132 of 2005. Cross Objection No.251 of 2005 in RFA No.133 of 2005. Having considered the evidence of the parties in its totality, I hold that the Cross Objections are not maintainable as there is no merit in the Cross Objections. The Cross Objections and all the miscellaneous applications are accordingly dismissed. Parties to bear their own costs. July 2, 2010 (Dev Darshan Sud) (aks) Judge.