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( 2026:HHC:16396 )

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

RFA No. 171 of 2019 Reserved on: 24.04.2026

Date of decision: 13.05.2026

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State of H.P. & Anr. .....Appellants

Versus o Jai Lal …..Respondent _____________________t___________________________

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

1 Whether approved for reporting?

For the appellants: Mr. Balvinder Singh, Deputy Advocate General.

For the respondent: Mr. B.M. Chauhan, Senior Advocate with Mr. Amit Himalvi,

Advocate.

Sushil Kukreja, Judge i The instant appeal has been preferred by the

appellants, who were the respondents before the learned Court below, against award dated 02.06.2018, passed by learned Additional District Judge (CBI), Shimla, H.P. (hereinafter referred to as “the learned Reference Court”), in Land Reference RBT No. 26-S/4 of 2016/13, whereby the petition filed by the petitioner/claimant Jai Lal (respondent

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

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herein), under Section 18 of the Land Acquisition Act (for short “the Act”) was partly allowed and he was hePld entitled

for compensation to the tune of Rs. 1,8.7,378/- (Rs. 14,413.69 X 13), being value of 13 apple trees and Rs. 16,194/- (5,398 X 3) being value of 3 apricot trees, total Rs. 2,03,572/- (1,87,378 X 16,194), alongwith other benefits, as

permissible under the statute.

2. The brief facts of the case are that part of the land comprised in Khasra No. 425, total measuring 00-18-00 hectares, situated at Up-Mohal Bari, Tehsil Kotkhai, District Shimla, H.P., has been utilized by the respondents for public

hpurpose, i.e. for construction of ‘Dhali-Dhakal’ link road vide gNotification under Section 4, dated January 4, 2010 and the iaward whereof has been passed by Land Acquisition Collector, HPPWD, South Zone, Winter Field, Shimla, on

July 3, 2012, vide award No. 71/2012.

3. The petitioner/claimant, 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 his land and apple/apricot orchard

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have not been adequately compensated.

4. The learned Reference Court, partly aPllowed the petition of the claimant and he was held. entitled for compensation to the tune of Rs. 1,87,378/- (Rs. 14,413.69 X 13), being value of 13 apple trees and Rs. 16,194/- (5,398 X 3) being value of 3 apricot trees, total Rs. 2,03,572/- (1,87,378 X 16,194), alongwith other benefits, as permissible under the statute. Hence, the appellants/State preferred the instant petition under Section 54 of the Act with a prayer to quash and set aside the impugned award, passed by the

leaned Reference Court.

h5. I have heard the learned Deputy Advocate gGeneral for the appellants/State, learned Senior Counsel for ithe respondents and also carefully examined the records.

6. Learned Deputy Advocate contended that the learned Reference Court had wrongly appreciated the material on record and wrongly placed reliance upon Ext. PW-2/A, i.e. assessment report of the expert, whereby compensation of 13 apple and 3 apricot trees has been assessed to the tune of Rs. 2,03,572/-. He further contended that learned Reference Court had wrongly relied upon

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document Ext. PW-1/G and ignored the statement of RW-1 and copy of award, according to which, no tPrees were

existing on the road. Therefore, he submitted tha.t the appeal be allowed and impugned award dated 02.06.2018 passed by the learned Reference Court be set-aside.

7. Conversely, learned Senior Counsel for respondent contended that the learned Reference Court had rightly held the petitioner entitled for enhanced compensation, hence, the awarded amount of compen

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