IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA RFA No. 21 of 2016 Reserved on: 12.11.2025 Date of decision: 26.11.2025 ________________________________________________ State of H.P. & others …..Appellants.

Versus Krishan Chand (deceased) t hrough His LRs ..…Respondents.

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Coram The Hon'ble Mr. Justice Sushil Kukreja, Judge.

1 Whether approved for reporting?

For appellants No. 1 & 2: Mr. Amandeep Sharma, Additional Advocate General.

F or appellant No. 3: Mr. Ram Kumar, Advocate, vice Mr. Hamender Singh Chandel, Advocate.

For respondents No.1(a), 1(c) to 1(g) and LRs of deceased respondent No. 1(b):

Mr. K.S. Thakur, Advocate.

Sushil Kukreja, Judge.

The instant appeal has been preferred by the appellants/State against award dated 02.05.2015, passed by learned Additional District Judge-II, Shimla, H.P. (hereinafter referred to as “the learned Reference Court”) in Land

1 Whether reporters of Local Papers may be allowed to see the judgment?

Reference No. 9-S/2 of 14/05, whereby the petition filed by petitioner-Krishan Chand, under Section 18 of the Land Acquisition Act (for short “the Act”) against the award passed by the Land Acquisition Collector, Shimla, in Award No. 37 of 2005, decided on 28.02.2005, wa s allowed and the petitioner-Krishan Chand (now deceased) was held entitled for enhanced compensation at the rate of Rs.1,50,700/- per biswa alongwith solatium, additional compensation, interest etc..

2. The brief facts of the case are that Notification under Section 17(4) read with Section 4(1) of the Act, dated 13.05.2003, was published in daily news papers, i.e., Indian Express and Dainik Jagaran on 25.05.2004 and the same was also published in State Gazette on 25.05.2004 and public notice in the locality was issued on 17.05.2004.

Notifications under Sections 6 and 7 of the Act were also issued and ultimately the Collector assessed the market value of the acquired land. The petitioner-Krishan Chand was awarded total compensation of Rs.53,000/-for his acquired land @ Rs.5000/- per biswa. However, the petitioner, being dissatisfied with the awarded amount of compensation, preferred a petition under Section 11 of the Act, whereupon the Collector made reference to the learned Reference Court under Section 18 of the Act.

3. The learned Reference Court, allowed the petition of the petitioner-Krishan Chand (claimant) and held him entitled for enhanced compensa tion at the rate of Rs.1,50,700/- (rupees one lac fifty thousand and seven hundred) per biswa alongwith solatium, additional compensation, interest on the enhanced amount of compensation etc.. Hence, the appellants/State, i.e., The Secretary (I&PH) to the Government of H.P. and the Executive Engineer, I&PH, preferred the instant appeal under Section 54 of the Act with a prayer to quash and set-aside award dated 02.05.2015, passed by the learned Reference Court. During the pendency of the instant appeal, vide order dated 13.10.2020, passed by a co-ordinate Bench of this Court, Shimla Jal Prabandhan Nigam Limited (SJPNL), through its Managing Director, Shimla, was brought on record as appellant No. 3.

4. I have heard the learned Additional Advocate General for appellants No. 1 and 2/State, learned vice counsel for appellant No. 3, learned counsel for respondents No. 1(a), 1(c) to 1(g) and LRs of deceased respondent No.

1(b) and also carefully examined the records.

5. The learned Additional Advocate General for appellants No. 1 and 2/State as well as learned counsel for appellant No. 3/SJPNL contended that the learned Reference Court had wrongly and erro neously assessed the value of the acquired land @ Rs.1,50,700/- per biswa or Rs.30,14,000/- per bigha, which is highly excessive. They further contended that there were neither any industrial or commercial activities nor any habitations nearby and the adjoining land was rural having all the rural features. Lastly, it was prayed that the instant appeal be allowed by setting-

aside the impugned award