IN THE HIGH COURT OF HIMACHAL PRADESH AT

SHIMLA

RFA No. 224 of 2014 with Cross Objection No. 71 of

2018

Reserved on: 22.12. 2025 Date of de cision: 01.01.2026

________________________________________________

General Manager, Northern Railway

…..Appellant/Non-cross-objector.

Versus

Krishan Dev Singh & others

……Respondents/cross-objectors.

________________________________________________

Coram

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

1 Whether approved for reporting?

For the appellant/

non-cross-objector: Mr. Shiv Pal Manhans, Senior

Panel Counsel.

For respondents No. 1 to 9/

cross-objectors: Mr. Ajay Kumar, Sr. Advocate,

with Mr. Rohit, Advocate.

For respondent No. 12/

State: Mr. Balwinder Singh, Deputy

Advocate General.

Sushil Kukreja, Judge.

The instant appeal has been maintained by the

appellant-General Manager, Northern Railways, who was respondent No. 2 before the learned Court below (hereinafter referred to as “the appellant”), under Section 54 of the Land

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

Acquisition Act, 1894 (for short “the Act”), against award dated 31.07.2012, passed by learned District Judge, Una, District Una, H.P. (hereinafter referred to as “the learned Reference Court”), in Land Reference Petition No. 38 of 2009, whereby the claim petit ion filed by the petitioners/claimants (respondents No. 1 to 10 herein) was allowed and they were held entitled for enhanced compensation @ of Rs.700/- per square meter, irrespective of the kind/classification of the acquired land alongwith solatium, additional compensation and interest etc..

2. The brief facts of the case are that the Government of Himachal Pradesh, the Department of Planning, vide Notification, dated 25.10.2004, issued under Section 4 of the Act, which was published in H.P.

Government Gazette on 13.11.2004, intended to acquire land of the petitioners for construction and laying of Nangal- Talwara Broad Gauge Railway Line. The acquired land was measuring 0-03-76 hectares, comprised in Khewat No. 447 min, Khatauni No. 980 min, khasra No. 3501/1, situated in village Kuthiari, Tehsil Amb, District Una, H.P.. Thereafter, notification under Section 6 of the Act was issued on 28.03.2005, which was published in H.P. Government Gazette on 23.04.2005 and ultimately the Land Acquisition collector (Railways), Una, passed the award by assessing the market value of the land ‘Banjar Qudim and Khadater’ @

Rs.10/- per square meter.

3. The petitioners/claimants, f eeling aggrieved with the award of the Land Acquisition Collector (Railways), Una, preferred Reference 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 had not assessed the value of the land properly and inadequate compensation was awarded. As per the petitioners, the acquired land was situated near abadies village Thathal and village Katohar Khurd and it was abutting village road. The acquired land was valuable and fit for commercial purposes and it was located in close proximity of Sub-Division, Amb. The petitioners further averred that government offices, like Tehsil, Treasury, PWD, Irrigation, Electricity and other authorities were located near the acquired land and there were various industrial units as well as educational institutions. The acquired land was suitable for development of shopping centre and picnic spot and the value of the same was not less than Rs.2,00,000/- per marla, whereas very less compensation was awarded to them. The petitioners/claimants also averred that the acquired land was irrigated one and compensation for valuable crops and the trees standing thereon was not assessed and paid to them. Lastly, the petitioners sought enha nced compensation alongwith all the statutory benefits.

4. The learned Reference Court, allowed the petitions and held the petitioners/claimants entitled for enhanced compensation @ of Rs.700/- per square meter, irrespective of kind/class