RFA No.421/2006 C.O. 35/2007 24.7.2009 Present: Mr. Viivek Thakur, Addl. A.G. with Mr. J. S. Rana, Asstt. A.G. for the appellants. Mr. G. S. Rathore, Advocate, for the respondent It is stated at the bar that the present appeal is squarely covered by the decision rendered by this Court in RFA No. 332/2003 titled as Secretary, HPPWD & Ors. vs. Tunglu, decided on 28.3.2008. Undisputedly, the claimant’s land was acquired for public purpose, namely, ‘construction of Badiara-Kaloti-Dhumadhar road’ in terms of the very same land acquisition proceedings, which were subject-matter in the aforesaid appeal. While passing the present impugned award, the Court below referred to and relied upon the Award (Ext.PW-2/A) passed by the Addl. District Judge on 12.11.2002. The claimants therein, whose land stood acquired by the very same acquisition proceedings had sought enhancement by filing land reference petition under Section 18 of the Land Acquisition Act. The Addl. District Judge had assessed the market value of the land to be Rs.5,000/- per biswa. The State, as also the claimants therein aggrieved of the same had filed RFA No. 332/2003 and Cross-Objections. While deciding the same, this Court had further enhanced the compensation from Rs.5000/- per biswa to Rs.8000/- per biswa. In the present case also the claimant has filed cross-objections. Hence, the claimant shall be entitled to the very same compensation which stands awarded to similarly situated persons as awarded in RFA No. 332/2003. The Registry is directed to place a copy of the order dated 28.3.2008 in the present file. The appeal and the cross-objections are disposed of accordingly. The question of share of the claimant is left open. However, it shall be open for the claimant to seek no objection from the share holders while withdrawing the amount/getting the award executed. ( Sanjay Karol ), Judge. July 24, 2009 (rana)