IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA RFA No. 132 of 2004 and RFA No. 207 of 2004 Date of Decision : June 5, 2009 RFA No. 132 of 2004 Sh. Lekh Singh Appellant Versus Land Acquisition Collector, HP Public Works Department Bilaspur (HP) Respondent RFA No. 207 of 2004 Land Acquisition Collector, HP.PWD, Shimla, at Bilaspur, H.P. Appellant Versus Shri Lekh Singh Respondent Coram: Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting?1 No. RFA No. 132 of 2004 For the appellant : Mr. Ramakant Sharma, Advocate, for the appellant. For the respondent : Mr. R. K. Bawa, A.G. with Mr. Vivek Thakur, Addl. A.G., for the respondent. RFA No. 207 of 2004 For the appellant : Mr. R. K. Bawa, A.G. with Mr. Vivek Thakur, Addl. A.G. for the appellant. For the respondent : Mr. Ramakant Sharma, Advocate, for the respondent. Sanjay Karol, J. (Oral) Both these appeals arise out of common award dated 8.12.2003, hence same are being heard and decided together. 1 Whether reports of Local Papers may be allowed to see the judgment? 2 For the public purpose namely construction of Auhar-Kohina highway, claimant’s land was acquired in terms of notification dated 29.12.1988 issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act), which was published in the H.P. Gazette on 15.4.1989. The Collector Land Acquisition passed his Award No. B-10/84-83-86, dated 18.4.1990 determining the market value of the land and awarded compensation for the acquired land. The Collector Land Acquisition assessed the market value of the land as under: “Classification of land Rate per Bigha 1. Anderli Awal Rs. 6,860.56 2. Anderli Doem Rs. 5,838.78 3. Baharli Awal Rs. 3,211.33 4. Kharyater/Barran Rs. 875.82” The various land owners filed land reference petitions under Section 18 of the Act seeking further enhancement/compensation awarded by the Collector. Admittedly the present claimant Shri Lekh Singh filed land reference petition, claiming enhancement of compensation both for the super structure and the land underneath, measuring 0-1-0 bighas (out of the land measuring 2.6 bighas) comprised in khasra No. 9/2/1 situated in village Marhoin. However, while leading evidence claimant restricted his claim qua super structure constructed on the acquired land. In terms of the impugned award the Court below while deciding the land reference petition, instead of determining the market value of the super structure, determined the market value of 3 the land underneath and enhanced the amount of compensation for the same. The Court below determined the market value of the acquired land at Rs. 1,04,000/- per bighas, regardless of the classification and category and enhanced the amount of compensation awarded by the Collector. Both the claimant and the State have filed appeals aggrieved of the same. Mr. Ramakant Sharma, learned counsel for the claimant has fairly stated that the impugned award, to the extent that it has awarded enhanced compensation for the land needs to be set aside as there is no evidence to prove the claimant’s ownership of the land underneath the super structure. In the impugned award, evidently the Court below has not dealt with the issue of payment/enhancement as compensation for the super structure. Under these circumstances the impugned award dated 8.12.2003 qua Shri Lekh Singh is set aside. The appeal filed by the State is allowed and the matter is remanded back to the Court below for consideration afresh only on the question of enhancement of compensation payable to the claimant with regard to the super structure existing on the acquired land. Land reference petition No. 9 of 2001, titled Shri Lekh Singh vs The Land Acquisition Collector, HPPWD, Shimla, H.P. at Bilaspur is revived and the Court below is directed to decide the issue of enhancement of compensation of the super structure, in accordance 4 with law. It shall be open for the parties to lead further additional evidence if they so desire. Keeping in view the fact that the acquisition proceedings pertain to the year 1988 the Court below shall decide the land reference petition as expeditiously as possible and preferably by 31.12.2009. Record be sent back immediately alongwith copy of this judgment. Parties through their learned counsel are directed to appear before the Court below on 13th July, 2009. Affidavit is taken on record. (Sanjay Karol), Judge. June 5, 2009 (PK)