IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

ON THE 9^th DAY OF NOVEMBER, 2021 BEFORE HON’BLE MR. JUSTICE VIVEK SINGH THAKUR CIVIL MISC.PETITION MAIN (ORIGINAL) NO. 125 OF 2021 Between:-

1. TARA DEVI, W/O BAHADUR SINGH, R/O VILLAGE UNGAR KANDO P.O. JARAG, SANGRAH, SIRMAUR HP

2. SATYA DEVI W/O VED PRAKASH, R/O VILLAGE UNGAR KANDO, P.O. JARAG, TEH. DADAHU, DISTRICT SIRMAUR HP

3. KALYAN SINGH, S/O SURAT SINGH, R/O VILLAGE KHALAKYAR, PO JAMUKOTI, JAMU (102)

JAMU SIRMAUR, RENUKA HP

4. BAHADUR SINGH, S/O SHIBI, R/O VILLAGE BANDAL, PO BHATTGARH, TEH.SANGRAH DISTRICT SIRMAUR HP ….PETITIONERS (BY MS SHALINI THAKUR, ADVOCATE)

AND LAND ACQUISITION COLLECTOR, NAHAN SUB DIVISION NAHAN, DISTRICT SIRMAUR ...RESPONDENT (BY SHRI YUDHVIR SINGH THAKUR, DEPUTY ADVOCATE GENERAL)

Whether approved for reporting? Yes.

This petition coming on for admission after notice thios day, the Court passed the following:

O R D E R Petitioners have apprroached this Court for inaction on the part of Land Acquisition Collector in making the reference to the authorities i.e. Refoerence Court with respect to objections raised by petitionerCs/land owners with respect to determination of compensation by Land Acquisition Collector for acquisition of land/properhty of petitioners utilized for public purpose i.e.

expansion of Wildlife Sanctuary Renukaji.

2 The process for acquisition was initiated by issuing notification dated 28.7.2010 under Section 18(1) of Wildlife (Protection) Act, 1972 declaring the intention of Government to expand the area of the existing Renukaji Wildlife Sanctuary and for the said purpose, Deputy Commissioner, Sirmaur was authorized to perform the function of Collector as specified under Section 19 to 25(A) of Wildlife (Protection) Act. Consequent upon this, Deputy Commissioner, Sirmaur undertook the exercise as per law for acquisition of land. Section 25 of Wildlife (Protection) Act provides that under this Act, for the purpose of acquiring the land or right in or over such lHand, the Collector shall be deemed to be the Collector, proceeding under the Land Acquisition Act, 1894 and Section 25(1)(d) further provides that where claimant does not accept the award made in his favour in the matter of compensation, he shall be deemed, within meaning of Section 18 of the Act, to be a person interested who has not accepted the award and shall be entitled to proceed to claim the relief against the award under the provisions of Part III of Land Acquisition Act, 1894.

3 During pendency of aforesaid acquisition proceedings, Land Acquisition Act 1894, was replaced by the Rightg to Fair Compensation and Transparency in the Land Aicquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to a New Act, 2013) w.e.f. 1.1.2014, repealing the Land Acquisition Act, 1894. Section 24(1)(a) of new Act, 2013 provides that where no award under Section 11 of Land Acquisition Act, 1894 has been made then all provisions of New Act 2013 relating to determination of compensation shall apply.

4 It is an admitted fact that before enactment of new Act 2013, no award under Section 11 of Land Acquisition Act had been passed by Land Acquisition Collector. Therefore, thHe award was to be passed under Section 23 of New Act, 2013. But Collector passed the award stating it to be an award under Section 11 of Land Acquisition Act.

5 Learned Deputy Advocate General has submitted that though Land Acquisition Collector has depicted that award has been passed under Section 11 of Land Acquisition Act 1894, however, perusal of award reflects that provisions of New Act 2013 have been taken into consideration for determining the compensation in this award and therefore, this award is to be deemed to have been passed under Section 23 of New Act, 2013.g There is no force in submissions of learned Deputy Aidvocate General.

6 Section 105 of the New Act, 2013 provides exemption to application of New Act, 2013 to certain cases and also application of this Act with certain modifications as specifi