RFA 33 of 2005 10.9.2009 Present: Ms. Ruma Kaushik, Addl. A.G. for the appellant. Shri B.K. Malhotra, Advocate, for the respondents. This appeal arises out of the award made by the learned Reference Court in Reference Petition Nos. 16 of 1990 and 25/2003. The land of the respondents-claimants was acquired by the State Government for the purpose of construction of a road. Earlier, reference petition No. 16 of 1990, titled Brij Lal Vs. Collector, Land Acquisition, HPPWD was disposed of by the learned Reference Court in a bunch of petitions with respect to the same acquisition by a common judgment dated 17.12.1993 in which the value of land was assessed at Rs. 70,000/-. The respondent-claimant Brij Lal was aggrieved by the award in so far as it ignored the compensation to be granted to him for his house, danga and fruit trees etc. RFA No. 95 of 1994 was preferred by him. He died during the pendency of appeal and his legal representatives Shri Panna Lal, Smt. Bimla Devi, Smt. Pushpa Kapoor and Shri Nandan were brought on record of the case. This Court vide its judgment dated 30th June, 2003 remanded the case to the learned Reference Court with clear and specific directions that evidence on record disclosed that there was ample proof on record with respect to the existence of a danga, house and fruit trees etc. This Court held that the learned Reference Court had not paid any attention to this part of the evidence and has ignored the witnesses who testified to its value. On remand, the learned Reference Court has made the impugned award which is now challenged by the State. The reference Court has awarded Rs. 60,000/- to the claimants for the constructed portion whereas the value of land has been kept intact. Learned Additional Advocate Genertal urges that the Court was in error in awarding a sum of Rs. 70,000/- per bigha. So far as the acquired land is concerned, this contention needs to be rejected straightway as it was not only the land of the petitioner to whom this amount was awarded but also all other claimants whose land was acquired. In appeal preferred by the claimants RFA No. 94 of 1995, no cross objections were filed by the State questioning the assessment of market value of the acquired land. There is also no evidence on record to show that this value i.e. Rs. 70,000/- per bigha as awarded by the Reference Court to the other landholders of the area whose land has been acquired has in any manner been altered, modified or changed by this Court or the Supreme Court in any proceeding instituted by the State. The respondent- State cannot now turn around and say that the correct market value has not been determined. RFA No. 94 of 1995 was instituted by the claimant-respondent only for claim of fair assessment of the house, constructed portion, danga etc and fruit trees standing on the land. The remand order was clear that it is this value which is to be determined from the record. The determination of the value of land cannot be re-agitated again by the respondent. On the second aspect of the matter urged by the learned Additional Advocate General that the Reference Court has erred in granting the market value of the constructed portion as assessed, I cannot persuade myself to hold that the Court has committed any error either in fact or law. The learned Court while arriving at the finding on the value of the constructed portion has considered the evidence of PW1 Brij Lal i.e. the deceased who appeared as his own witness in support of his case and stated that he had constructed a danga on the acquired land which is situated on the National Highway and was only at a distance of two and half kilometers from Bhunter Air Port. PW2 Shri Shiv Nandan who was a qualified Civil Engineer also stated that he had visited the spot and prepared the valuation report Ext.PW2/A and the drawings of the house etc. as Ext.PW2/B and Ext.PW2/C. He has assessed the value of house at Rs. 98,332/-. The learned Court holds that this is a reasonable assessment of the market value of the house and the land of the petitioner is abutting the National Highway. While assessing the value of the house, the Court had awarded a sum of only Rs. 54,629/- after taking into consideration the depreciated value of the constructed portion. This appeal is accordingly dismissed. I do not find any error of assessment made having been committed by the learned Reference Court either in fact or law. The evidence of the claimants on the value claimed by them has remained unrebutted. It is directed that the awarded amount deposited in this Court shall be released to the claimants in proportion to their respective shares by remitting it to their respective bank accounts. Needless to add that the claimants will be entitled to execute the award in case of any short fall. September 10, 2009 (Dev Darshan Sud) (ms) Judge