1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA R.F.A. No.:30 of 1997 Date of decision: 3.12.2009 Shibu alias Netar Singh. …Appellant Versus Land Acquisition Collector, Mandi. …Respondent Coram The Hon’ble Mr. Justice Deepak Gupta, Judge. Whether approved for reporting? No. For the Appellant: Mr. B.K. Malhotra, Advocate. For the respondent Mr. R.M. Bisht, Deputy Advocate General Deepak Gupta, J. (Oral) This appeal by the appellant is directed against the award passed by the learned District Judge, Mandi, Kullu, Lahaul & Spiti Districts at Mandi in reference petition No. 12 of 1993 decided on 25.3.1996, whereby the reference petition under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as the ‘Act’) was partly allowed and compensation was enhanced only in respect of the building to the tune of Rs.13,678/-. The brief facts necessary for disposal of the case are that the appellant Board acquired 22-7-12 bighas of land for the construction of a colony for the Larji Hydel Project in village Muhalu Khamradha, Sub Tehsil Bali Chowki, District Mandi, H.P. The State of H.P. issued Notification under Section 4 of the Act on 7.12.1987, which was published in various newspapers on 9.1.1988. Thereafter Notification under Section 6 of the Act was issued on 11.7.1988 and published in Rajpatra and other 2 newspapers on 30.7.1988. The objectors filed their claims before the Land Acquisition Collector and the Land Acquisition Collector vide his award dated 24.8.1990 determined the compensation for various categories of lands as follows: 1. Barani Awal: Rs.3,102/- per Bigha 2. Barani Dom: Rs.2,300/- per Bigha 3. Kharyatar: Rs.660/- per Bigha 4. Bagocha Barani: Rs.5,940 per Bigha The appellant was not satisfied with this award and filed reference petition under Section 18 of the Act. The learned District Judge did not enhance the value of the land but only awarded Rs.13,678/- to the appellant as enhanced value of his house. The appellant has now filed the present appeal in which he claims that the value of his land has not been properly assessed. He has claimed that the value of his land is more than Rs.1.5 lac per bigha. He further pleads that he cannot pay the court fee and has, therefore, claimed only sum of Rs.1,00,000/- over and above the compensation awarded to him by the learned District Judge. It would be pertinent to mention that in respect of the same notification, the learned District Judge, Mandi, Kullu, Lahaul & Spiti Districts at Mandi in another judgment passed on 14.8.1996 had assessed the value of lands as follows: 1. Barani Awal: Rs.25,000/- per bigha 2. Bagicha Barani: Rs.30,000/- per bigha 3. Barani Dom: Rs.20,000/- per bigha 4. Banjar Kadim: Rs.15,000/- per bigha 3 5. Kharyatar: Rs.10,000/- per bigha The award in that case was challenged by the H.P. State Electricity Board before this Court and the claimants also filed cross objections. After hearing the learned counsel for the parties and going through the record, this Court had assessed the value of land as follows:- 1. Baryani Awal: Rs.34,000/- per bigha 2. Bagicha Barani Rs.40,000/- per bigha 3. Banjar Kadim Rs.20,000/- per bigha 4. Khadetar Rs.13,500/- per bigha The aforesaid judgment was passed in R.F.A. No.14 of 1997 decided on July 24, 2006. Since the land of the appellant has been acquired under the same notification, he is also entitled to compensation at the same rates as fixed in R.F.A. No. 14 of 1997. The appellant shall also be entitled to additional compensation under Section 23(1-A) of the Act at the rate of 12% per annum on the market value of the land as assessed above from 9.1.1988 i.e. the date of publication of notification under Section 4 till 24.8.1990 i.e. the date of award passed by the Land Acquisition Collector or the date of taking possession of the land, whichever is earlier. The claimants shall be entitled to solatium on the aforesaid market value so fixed at the rate of 30%. The Land Acquisition Collector shall also pay interest at the rate of 9% per annum on the enhanced amount of compensation (market value + solatium) for a period of one year from the date on which the possession was taken over and thereafter at the rate of 15% per annum from the date of expiry of 4 one year till deposit of the said amount in court. It is, however, made clear that the appellant shall only be entitled to the maximum amount of enhanced compensation of Rs.1,00,000/- as claimed by him in the appeal. However, statutory entitlements under Section 23(1-A) of the Act for solatium and interest shall be in addition to this amount of Rs.1,00,000/-. The appeal is disposed of in the aforesaid terms. No order as to costs. 3rd December, 2009 (Deepak Gupta), Judge (VT) 5