IN THE HIGH COURT OF HIMACHAL PRADESH AT

SHIMLA

RFA No. 283 of 2013

Reserved on: 17.12.2025 Date of decision: 06.01.2026

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Tribhuwan & others

…..Appellants.

Versus

State of Himachal Pradesh & others

……Respondents.

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Coram

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

1 Whether approved for reporting?

For the appellants: Mr. B.S. Chauhan, Senior

Advocate, with Mr. Abhinav

Sharma, Advocate.

For respondents No. 1 to 3: Mr. Amandeep Sharma,

Additional Advocate General.

Respondents No. 4(a) to 4(c) & 5 to 7 ex parte.

Sushil Kukreja, Judge.

The instant appeal has been preferred by the

appellants, who were petitioners/claimants before the learned Court below (hereinafter referred to as “the petitioners/claimants”) under Section 54 of the Land Acquisition Act, 1894 (for short “the Act”) against award dated 26.12.2012, passed by learned District Judge, Kinnaur at Rampur Bushahr (hereinafter referred to as “the learned

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

Reference Court”), in Land Reference Petition No. 65 of

2006.

2. The brief facts of the case are that the land of the petitioners/claimants and that of the proforma respondents, out of khasra No. 472, measuring 0-03 -66 hectares, situated in revenue village Lathi, Tehsil Kumarsain, District Shimla, H.P., was acquired by the State Government for public purpose, i.e. for construction of Oddi-Joksha-Kumarsain road and in this regard Notification under Section 4 of the Act was issued on 03.11.2003. The said notification was published in Rajpatra on 14.11.2003 and in two newspapers, i.e., Divya Himachal on 21.11.2003 and in Dainik Jagran on 22.11.2003. Subsequently, Notification under Sections 6 and 7 of the Act was issued on 27.04.2004 and it was published in Rajpatra on 17.05.2004. The notification under Section 6 and 7 was also published in newspapers, i.e., Dainik Jagran on 16.05.2004 and in Punjab Kesari on 18.05.2004. The Land Acquisition Collector made inquiry under Section 9 of the Act and found that no sale transaction took place in village Lathi within one year prior to the date of publication of notification under Section 4 of the Act. Therefore, on the basis of the average price of village Kumarsain, which was adjoining to village Lathi, the prices were approved by the Collector as under:

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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, which was allowed by the learned Reference Court and the petitioners/claimants were held entitled for compensation on the basis of market value of their land @ Rs.16,000/- per biswa or Rs.425.52 per centare alongwith solatium, additional compensation and interest etc.. However, the petitioners/claimants feeling still aggrieved preferred the instant appeal under Section 54 of the Act with a prayer to allow the instant appeal and modify the impugned award, dated 26.12.2012, passed by the learned Reference Court, by enhancing the compensation amount.

4. In order to prove their case, petitioner-Tribhuvan himself appeared in the witness-box as PW-1 and he tendered in evidence his affidavit, Ex. PW-1/A, wherein he stated that at the relevant time the market value of the acquired land was Rs.3,20,000/- per bi gha and the Collector had wrongly assessed the market value while awarding the land. PW-2 Karam Chand deposed that the land was situated on the lower side of Kumarsain bazaar. He further deposed that on 19.12.2002 he had sold three biswas of land in Chak Kumarsain to Shri Jagdish (PW-3) for Rs.48,000/-. PW-3 Jagdish deposed that during the month of December, 2002, he had purchased three biswas of land from Shri Karam Chand for Rs.48,000/- and copy of registered sale deed is Ex. PW-3/A. Shri Satish Bhardwaj, the then Junior Enginee