JUDGMENT

Vivek Singh Thakur, J. - This appeal has been preferred by State of H.P. against award dated 13.7.2012 passed by learned Additional District Judge, Fast Track Court, Shimla, Camp at Rohru (hereinafter referred to as the Reference Court) in Land Reference RBT No. 16-R/4 of 2008/05, titled Ishwar Singh vs. LAC and others, whereby learned Reference Court has awarded compensation to the land owner at the uniform rate of Rs.3398.25 per centiare for acquisition of land used for construction of road.

2. It is undisputed that land comprised in Khasra No. 526 situated in village Sarawati Nagar, measuring 5 bighas 17 biswas was allotted to land owner as a Nautor in the year 1974. In the year 1996 by filing Writ Petition No. 126 of 1996, land owner had approached this High Court seeking direction to State to pay compensation to him for construction of road over a part of Khasra No. 526 allotted to him by way of Nautor which was identified by revenue authorities during settlement in the year 1994-95 as Khara No. 1606. Claim of State is that road was already existing in Khasra No. 5