In the High Court of Himachal Pradesh at Shimla ----------------------------------------------------------------------------------

R.F.A.No.58 of 2018 a/w connected mattes judgment reserved on 13.10.2023 Pronounced on 20.11.2023 ______________________________________________________

Between:

Shri Pratap Singh … Appellant And State of H.P. through District Collector, Sirmaur at Nahan and others … Respondents ---------------------------------------------------------------------------------

R.F.A.No. 9 of 2019 Between:

State of H.P. through District Collector, Sirmaur at Nahan and others … Appellants And Smt.Neerja , daughter of Shri Kanti Swaroop and others … Respondents ----------------------------------------------------------------------------------

C.M.P.M.O No.482 of 2018 Between:

Shri Pratap Singh … Petitioner And District Collector, Solan and others … Respondents ----------------------------------------------------------------------------------

C.W.P.NO.1359 of 2018 Between:

Shri Pratap Singh … Petitioner And Union of India and others …Respondents Coram:

Hon’ble Mr. Justice M.S. Ramachandra Rao, Chief Justice.

Hon’ble Ms. Justice Ajay Mohan Goel, Judge.

Whether approved for reporting? Yes For the applicant/petitioner: Mr. Amar Vivek Aggarwal, Mr.

Kulwant Singh Katoch, Mr. Mehta Raghuvindra Singh and Mr. Sai Anukaran, Advocates, for the applicant/appellant/petitioner.

For the respondents : Mr. Anup Rattan, Advocate General with Mr. Rakesh Dhaulta Mr. Pranay Pratap Singh, Additional Advocate Generals, Mr. Arsh Rattan and Mr. Sidharth Jaflta, Deputy Advocate Generaol, for the respondents-State.

Mr. S udhir Thakur, Sr. Advocate with Mr. Karun Negi and Mr. Somesh Sharma, Advocates, for respondents No. 4 to 9 in RFA No. 58 of 2018 and ofor respondents No. 1 to 6 in RFA No. 9/2019.

Mr. R.L. Sood, Senior Advocate with Mr. Arjun Lall and Ms. Sanjeevani Sood, Advocates, for respondent no. 10 in RFA no. 58 of 2018 and for respondents no. 9 in CWP No. 1359 i of 2018 and for respondents no.8 in RFA no. 9 of 2019.

Mr. Kulwant Singh Katoch, Advocate, for respondent No. 7 in RFA No. 9 of 2019 Mr. Rakesh Thakur, Advocate, for respondent no. 4 in CWP no. 1359 of

2018.

M.S. Ramachandra Rao, Chief Justice Brief introduction The subject matter of the acquisition and the persons interested therein The land comprised in Khata/Khatauni No.35/36 min, Khasra No.33/1,34/1,35/1,35/3, 36/1,36/3, 381/39/1, 40/1, 41/1, 42/1, 107/1,114/1, 115/1,89/1, 90/1,92/1, Kitta 16 measuring 7-3 bighas ( for short ‘the subject property’) in Mauja Shamti, Tehsil and District Solan is the subject matter of this litigation. .

2) This land was acquired by the State of Himachal Pradesh for construction of “Solan-Rajgarh Road Bye-Pass Road” by issuing a notification dt.17.12.2010 under Section 4(1) of the Land Acquisition Act,1894 ( for short “the Act”) along with certain other lands.

3) The subject property belonged to Smt.Ram Dei, widow of late Sh.Ram Rattan. She died.

4) One Shri Pratap Singh ( hereinafter referred to as “PS”) was her adopted son.

5) One Shri Kanti Swaroop Mehta ( hereinafter referred to as “KS”)

was her grand son through her daughter.

6) In fact PS and KS are natural brothers and sons of Late Padam Singh.

7) KS has six daughters by name Smt.Neerja, Smt.Ruby, Smt.Kavita, Smt.Sangeeta, Smt.Meenakshi and Smt.Sunakshi. ( collectively referred to henceforth as “six daughters of KS”)

8) All the above 8 persons (KS,PS and the six daughters of KS ) were treated as “persons interested” by the Land Acquisition Collector, HPPWD South Zone Winter Field, Shimla, HP (for short ‘the Land Acquisition Collector”) qua the subject land.

The award of the Land Acquisition Collector

9) Award No.3 of 2013 was passed on 17.8.2013 by the Land Acquisition Collector in Reference No.11 ADJ-II/4 of 2014. He granted compensation @ Rs.30,54,040/- per bigha. While dealing with aspect of apportionment of compensation, he stated .in the Award that “Apportionment of the compensation among the persons interest