IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA RFA No. 279 of 2005 Date of Decision : June 22, 2009 State of H.P. and another Appellants Versus Sh. Ram Lal and another. Respondents Coram: Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting?1 No. For the appellants : Mr. R. K. Bawa, Advocate General with Mr. Vivek Thakur, Addl. Advocate General and Mr. J. S. Rana, Astt. Advocate General for the appellants. For the respondents : Mr. Tek Chand Sharma, Advocate, for the respondents. Sanjay Karol, J. (Oral) The State has assailed the impugned award dated 21.6.2005 passed by District Judge, Shimla, in Land Reference No. 1-S/4 of 2003, titled as Sh. Ram Lal and another versus State of H.P. through Land Acquisition Collector Winter Field, H.P. Public Works Department Shimla, H.P. and another. According to the leaned counsel for the appellants the present award is clearly covered by a decision rendered by this Court in RFA 1 Whether reports of Local Papers may be allowed to see the judgment? 2 No. 126 of 2003, titled State of H.P. and another versus Smt. Radha Devi decided on 6.3.2009. The acquisition proceedings in RFA No. 126 of 2003 pertain to the acquisition of the land situated in Mouja and Pargana Rampur, Tehsil and District Shimla. The notification dated 26.8.1991 issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) was published on 5.10.1991 in the official gazette. The acquisition was for construction of road for public purpose namely Jathia Devi - Rampur road. The Collector announced his award on 1.11.1994. Aggrieved of the Award passed by the Collector some of the claimants filed Land Reference Petition No. 43-X/4 of 1996, titled as Smt. Radha Devi versus State of H.P. and another (Ext.P-3) which stands decided by the Addl. District Judge, Shimla on 25.6.2002. Another set of claimants filed Land Reference Petition No. 34-S/4 of 1996, titled as Shri Rama Nand (now deceased) through his legal heirs versus State of Himachal Pradesh through Land Acquisition Collector, HPPWD, Shimla and another (Ext.P-4) which stands decided by the Addl. District Judge, Shimla on 25.6.2002. In both the land reference petitions the market value of the acquired land was enhanced to be Rs. 3000/- per biswa. This Court in RFA No. 126 of 2003 has already upheld the aforesaid awards and has held the claimants entitled to the market value @ Rs. 3000/- per biswa. 3 The instant acquisition proceedings pertains to the very same village and the land was acquired in terms of supplementary award dated 25.8.1999. In the impugned award the Court below, by referring to and relying upon the aforesaid awards Ext.P-3 and Ext.P-4 also awarded the compensation which stands awarded to the other land owners whose land was situated in the very same village and acquired for the very same public purpose. The Court below has enhanced the compensation by determining the market value of the acquired land to be Rs. 3000/- per biswa. The coordinate Bench of this Court has also upheld the enhancement to Rs. 3000/- per biswa in another RFA No. 192 of 2003 decided on 23.9.2008. Hence relying upon the decision already rendered in RFA No. 126 of 2003 and RFA No. 192 of 2003 I see no reason as to why the present claimants be not awarded the very same compensation which stands awarded with respect to similar land acquisition proceedings. The instant appeal is liable to be dismissed and is ordered accordingly (Sanjay Karol), Judge. June 22, 2009 (PK)