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2025 Supreme(Online)(HP) 9169

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE SUSHIL KUKREJA

RFA/1/2011



IN THE HIGH COURT OF HIMACHAL PRADESH AT

SHIMLA

RFA No. 01 of 2011 a/w RFA No. 478 of 2010 and RFAs No.

02 & 03 of 2011

Reserved on: 26.11.2025 Date of decision: 02.12.2025

________________________________________________

1. RFA No. 01 of 2011:

H.P. Housing & Urban Development Authority & another

…..Appellants.

Versus

Sohan Singh (since deceased through his LRs) & others.

……Respondents.

2. RFA No. 478 of 2010:

Nanak Chand (since deceased through his LRs) & others

…..Appellants.

Versus

State of H.P. & others

……Respondents.

3. RFA No. 2 of 2011:

H.P. Housing & Urban Development Authority & another

…..Appellants.

Versus

Narata Ram (since deceased through his LRs) & others.

……Respondents.

4. RFA No. 3 of 2011:

H.P. Housing & Urban Development Authority & another

…..Appellants.

Versus

Nand Lal & another

……Respondents.

________________________________________________

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

1 Whether approved for reporting?

1. RFA No. 01 of 2011:

For the appellants: Mr. Bhupinder Gupta, Senior Advocate, with Mr. Janesh Gupta, Advocate.

For respondents No. 1 to 3: Mr. Vipin P andit, Advocate. For respondent No. 4/State: Mr. Manoj Chauhan and Mr.

Amandeep Sharma, Additional Advocates General, with Mr.

Ankush Thakur, Deputy Advocate General.

2. RFA No. 478 of 2010:

For the appellants: Ms. Devyani Sharma, Senior Advocate, with Mr. Anirudh Sharma, Advocate.

For respondents 1 & 3/State: Mr. Manoj Chauhan and Mr.

Amandeep Sharma, Additional Advocates General, with Mr. Ankush Thakur, Deputy Advocate General.

For respondent No. 2: Mr. Bhupinder Gupta, Senior Advocate, with Mr. Janesh Gupta, Advocate.

3. RFA No. 02 of 2011:

For the appellants: Mr. Bhupinder Gupta, Senior Advocate, with Mr. Janesh Gupta, Advocate.

For respondents No. 1, 3 to 8 & 13 to 16: Mr. Vipin Pandit, Advocate.

For respondent No. 18/State: Mr. Manoj Chauhan and Mr.

Amandeep Sharma, Additional

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

Advocates General, with Mr. Ankush Thakur, Deputy Advocate General.

4. RFA No. 03 of 2011:

For the appellants: Mr. Bhupinder Gupta, Senior Advocate, with Mr. Janesh Gupta, Advocate.

For respondents No. 1 to 3/State:

Mr. Manoj Chauhan and Mr.

Amandeep Sharma, Additional Advocates General, with Mr. Ankush Thakur, Deputy Advocate General.

For respondent No. 2: Mr. Bhupender Gupta, Senior Advocate, with Mr. Janesh Gupta, Advocate.

SusChil Kukreja, Judge.

Since all these appeals are the offshoots of award, dated 30.09.2010, passed by learned District Judge, Fast Track Court, Solan, District Solan, H.P. (hereinafter referred to as “the learned Reference Court”), they are taken up together for disposal.

2. RFAs No. 01 to 03 of 2011 have been filed by the appellants-H.P. Housing & Urban Development Authority (hereinafter referred to as “HIMUDA), who were respondents before the learned Reference Court, under Section 54 of the Land Acquisition Act (for short “the Act”) against impugned award, dated 30.09.2011, passed in Petitions No. 15FTV/4 of

06/05, 2FTC/4 of 06/05 and 16FTC/4 of 06/05, whereby the petitions filed by the petitioners/claimants (respondents in the above mentioned petitions), under Section 18 of the Act were allowed and they were held entitled for enhanced compensation at the rate of Rs.10 ,00,000/- per bigha alongwith solatium, additional compensation, interest etc., with a prayer to set-aside the impugned award and to dismiss the reference petitions in total with costs throughout. 3. Appellant-Nanak Chand, who was one of the petitioners/claimants before the learned Reference Court, in Petition No. 2FTC/4 of 06/05, preferred RFA No. 478 of 2010, under Section 54 of the Act, against impugned award, dated 30.09.2010, with a prayer to modify the impugned award by determining the market value of the land at the rate of Rs.15,00,000/- per bigha alongwith all the statutory benefits.

4(a). The brief facts of the case are that vide Award No. 1 of 2005, dated 03.05.2005, which was passed by Land Acquisition Collector-Himachal Pradesh Housing

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