RFA 196 of 1998. 14.5.2009 Present: Mr. Bhupender Gupta, Sr. Advocate, with Ms. Charu Gupta, and Mr. Janesh Gupta, counsel for the appellants. Ms. Ruma Kaushik, Addl.AG for the respondents. The appellants are aggrieved by the order of the learned reference Court granting them only Rs.5000/- per bigha as compensation for the acquired land. When this appeal was being heard, application under Order 41 Rule 27 of the Code of Civil Procedure instituted by the appellant herein for placing on record and proving the award of the Land Acquisition Collector, Shimla District, Shimla for the same purpose and of land adjoining the land of the appellants was considered. The application was allowed and the award taken on the record as Ex.AX. Opportunity was given to the State to lead evidence in rebuttal, but no evidence was led. It is undisputed before me that this land was acquired for the construction of Jhiknipul Poria Road. The Collector by this award had granted compensation for the acquired land @ Rs.20,000/- per bigha. The particulars of the notification and date of award by the Collector in both these -2- cases is as under: Particulars Date of award Date of Award Ex.AX challenged in this 27.11.1982. Appeal. 7.11.92. Date of notification 2.7.1991 27.11.1982. Under Section 4 of Land Acquisition Act. Date of publication of 13.7.1991 1.1.1993. Notification under Sec. 4 in H.P. Rajpatra. Construction of Construction of Purpose of Acquisition Jhikhnipul-Pondya- Jhikhnipul-Pondya- Kiarnoo road Kiarnoo road. Date of passing of 7.11.1992 26.10.1992. Award by Collector Amount awarded by Rs.6,488.80 per bigha Rs.20,000/-per bigha. the Collector Amount awarded Rs.5,000/- per bigha N.A. by the District Judge The proposition of law is now well settled that the offer made by the State in the Collector’s award cannot be reduced. I do not see any reason to reject the award Ex.AX more especially when there is no evidence contrary to what has been placed on record of this case. This appeal is accordingly allowed, the judgment of the reference Court is accordingly modified and the appellants are awarded compensation @ Rs.20,000/- per bigha for the acquired land. In addition, they will be entitled to all the statutory benefits in accordance with law including solatium and -3- interest etc. as provided by Sections 23 and 28 of the Land Acquisition Act. May 14, 2009 (PC) (Dev Darshan Sud), J.