IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA RFA No. 160 of 2008 Date of decision: 1.7.2009 Collector Land Acquisition & Anr. ……………Appellants Versus Somesh Rishi Pathak ……………Respondent Coram The Hon’ble Mr.Justice Sanjay Karol, J. Whether approved for reporting?1No For the appellants : Mr. R.K. Bawa, Advocate General with Mr. Vivek Thakur, Additional A.G. and Mr. J.S. Rana, Asstt. A.G. For the respondent : Mr. Ajay Mohan Goel, Advocate. Sanjay Karol, J. (Oral) The present appeal arises out of the impugned award dated 31.3.2008, passed by District Judge, Kullu in Ref. Pet. No. 15/06, titled as Somesh Rishi Pathak vs. Collector Land Acquisition and others. For the public purpose namely “construction of Kullu-Manali Left Bank Road” the State Government acquired land belonging to land owners including the claimants herein. The notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the 1 Whether the reporters of the local papers may be allowed to see the Judgment? 2 ‘Act’) was issued on 18.4.1999, which was published in the H.P. gazette on 22.4.1999. The Collector passed Award No. 3 of 2000, dated 21.2.2000 determining the market value of the acquired land. The claimant herein filed land reference petition under Section 18 of the Act. While passing the impugned award, the court below has referred to and relied upon earlier award Ext.PW1/A dated 8.9.2005, passed by the District Judge concerning the very same land acquisition proceedings. Relying upon the same the court below has enhanced the compensation awarded by the Collector by determining the market value of the acquired land to be Rs. 80,500/- per biswa irrespective of the classification of the acquired land. Award Ext.PW1/A was subject matter of challenge in RFA No. 349 of 2005, titled as Collector Land Acquisition & ors. Vs. Hukam Ram and ors. and other connected RFA No. 350 of 2005, titled as collector Land Acquisition and others vs. Chaman Lal and others. In the said RFAs, this court has already upheld the award Ext.PW1/A passed by the District Judge. The market 3 value as determined to be Rs. 80,500/- per biswa and compensation payable to the claimants based on the same was held to be just fair and reasonable. The instant award arise out of the very same acquisition proceedings inasmuch as the date of the notification and the award passed by the Collector is same. Hence, I see no reasons as to why this Court should interfere in the present appeal. The present appeal is squarely covered by the decision of this Court in RFA No. 349 of 2005. The appeal is consequently dismissed and the award passed by the Collector is upheld. (Sanjay Karol), 1st July, 2009 Judge. (vs)