IMPORTANT POINT
The main legal point established in the judgment is the determination of compensation under the Land Acquisition Act, including the market value of the acquired land and the entitlement to statutory benefits.

JUDGMENT :

Virender Singh, J.

The above-titled appeals, filed under Section 54 of the Land Acquisition Act (hereinafter referred to as ‘the Act’), are being disposed of by common judgment, as, both these appeals have been preferred by the parties, against the award dated 25.09.2013, passed by the Court of learned Additional District Judge-II, Una, H.P. (hereinafter referred to as the ‘learned Reference Court), in Reference Petition No.59 of 2009 titled as ‘Chiter Rekha Vs. Land Acquisition Collector (Railways) Una, HP & Another’.

2. Vide award dated 25.09.2013, the learned Reference Court has answered the reference petition, filed under Section 18 of the Act, by passing the award. The following relief, to the petitioner in RFA No.58 of 2014, was given:-

“20. In view of my findings on the above issues, the petition is allowed and the petitioner is awarded compensation at the rate of Rs.900/- per square meter of the acquired land irrespective of classification of the land. The petitioner is awarded interest/additional compensation at the rate of 12% P.A. on the enhanced amount of compensation under Section 23(1-A) of the Act w.e.f. 23.6.2005 till 23.3.2007. Further, the petitioners are entitled to solatium at the rate of 30% on the enhanced amount of compensation. Apart from this, the petitioner is entitled to interest at the rate of 9 per cent for one year w.e.f. 23.3.2007 and thereafter at the rate of 15 per cent per annum till the amount of compensation is deposited in the court. Memo of costs be prepared and the files after due compliance be consigned to record room.”

3. For the sake of convenience, the parties to the present lis are, hereinafter referred to, in the same manner, as were, referred to, by the learned Reference Court.

4. Brief facts, leading to the filing of the present appeals, before this Court, may be summed up, as under :-

4.1. The land of petitioner-Chiter Rekha, situated at Village Andora Lower, Tehsil Amb, District Una, H.P., was acquired by the respondent, for the purpose of construction of Nangal-Talwara Railway Line. Notification, under Section 4 of the Act, was issued on 23.06.2005, which was given wide publicity as per mandate of the Act. Thereafter, the provisions of Sections 6 and 7 of the Act were complied with and ultimately, the award, under Section 11 of the Act, was passed vide Award No.9/2006-2007 dated 23.03.2007, by the Land Acquisition Collector (Railway), Una, District Una, H.P.

4.2 Vide Award No.9 dated 23.03.2007, land was acquired and Land Acquisition Collector has assessed the market value of the land. Since, the petitioner was not satisfied with the market value of the acquired land, as assessed, by the Land Acquisition Collector, prevailing at the time of issuance of the notification, under Section 4 of the Act, as such, the reference, before the Land Acquisition Collector, was made, under Section 18 of the Act, against the award, with a prayer to refer the same to the Court of learned District Judge, Una, H.P.

4.3 According to the petitioner, her land was acquired by the respondent, vide Award No.9, as referred above. However, according to her, the amount of compensation was received by her, under protest.

4.4 According to her, the acquired land is very fertile and irrigated land, situated near Amb-Gagret Road. The commercial potentiality of the acquired land has also been highlighted, by pleading that the market value of the acquired land is Rs.50,000/- per marla. The acquired land is also stated to be situated near Industrial Area, Amb.

5. On the basis of above, a prayer has been made to enhance the market value of the acquired land, prevailing at the time of issuance of the notification, under Section 4 of the Act.

6. This reference petition was entertained by the learned Reference Court.

7. When put to notice, the respondents have filed their reply, denying that the petitioner has not filed any objection, at the time of enquiry, under Section 9 of the Act. According to them, the petitioner