IN THE HIGH COURT OF HIMACHAL PRADESH AT

SHIMLA

RFA No. 320 of 2016

Reserved on: 11.12.2025 Date of decision: 16.12.2025

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State of H.P. & another

f…..Appellants.

Versus

Bala Ram & others ……Respondents.

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Coram

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

1 Whether approuved for reporting?

For the appellants: Mr. Amandeep Sharma,

o Additional Advocate General.

For Cthe respondents/State: Mr. Varun Chauhan, Advocate,

vice Mr. Vivek Sharma,

Advocate.

Sushil Kukreja, Judge.

The instant appeal has been preferred by the

appellants/State, who were the respondents before the learned Court below (hereinafter referred to as “the appellants”) under Section 54 of the Land Acquisition Act, 1894 (for short “the Act”), against award dated 02.01.2016, passed by learned Additional District Judge-II, Shimla, H.P. (hereinafter referred to as “the learned Reference Court”), in Land Reference RBT No. 31-S/4 of 2014/05, whereby the

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

petition filed by the petitioners/claimants, under Section 18 of the Act was allowed and they were held ePntitled for enhanced compensation @ Rs.1060/- per square meter, irrespective of classification of the acquired land alongwith solatium, additional compensation, inter est etc..

2(a). The brief facts ofo the case are that State of Himachal Pradesh issued notification, dated 24.03.2004, under Section 4 of the Act qua acquisition of land of the petitioners/claimants measuring 0-02-16 hectares comprised in Khasra No 493, 3391 and 481, situated in village Gawahi KalaCn, Tehsil and District Shimla, H.P. The above notification was published in H.P. Rajpatra on 27.03.2004 and in two daily news papers, i.e., Indian Express and Dainik Jagran on 15.04.2004. Wide publicity qua the above acquisition was also given in the locality and on 02.06.2004 notification under Section 6 read with Section 7 and 17(1) of the Act was issued, which was published in Rajpatra on 04.06.2004 and in two daily newspapers, i.e., Punjab Kesari and Hindustan Times on 14.06.2004. The aforesaid land was acquired for the purpose of construction of Rugra-Gawahi link road. Subsequently, acquisition proceedings under Section 8 of the Act were conducted by the Land Acquisition Collector and on

30.06.2004 Award No. 13/2004 was made, wherein the market value of the acquired land was assPessed @

Rs.5000/- per bigha, at uniform rate, irrespective of classification of the land. On the basis of such rates, total compensation of Rs.86,652/- was awarded to the petitioners/claimants, details wohereof are as under:

Total amount of compensation (including interest) (A+B) Rs.86,651.93/-

Or say Rs.86,652.00/-

3. The petitioners/claimants, feeling aggrieved with the award of the Land Acquisition Collector preferred a petition under Section 18 of the Act before the learned Reference Court for enhancement of the compensation mainly on the ground that the Land Acquisition Collector awarded meager compensation for the acquired land, whereas the market value of the acquired land was very high and not less than Rs.17,00,000/- per bigha. The petitioners/claimants further averred that potential value of the acquired land was ignored by the Land APcquisition Collector and the award was passed only on the basis of surmises and conjectures. As per the petitioners/claimants, the acquired land was adjacent to Shimla town having facilities like school, dispensoary, post office, telephone, electricity, drinking and irriga tion water etc.

4. The learned Reference Court, allowed the petition of the petitioners/claimants and held them entitled for enhanced compensation @ Rs.1060/- per square meter, irresCpective of the classification of the acquired land. The petitioners were also held entitled to solatium, additional compensation, interest on the enhanced amount of compensation etc.. Hence, the appellants/State preferred the instant appeal against the