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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

RFA No. 181 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 Prem Singh @ Leela Singh (d eceased) through LRs r …..Respondents ________________________________________________

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 respondents: Mr. B.M. Chauhan, Senior Advocate with Mr. Amit Himalvi,

Advocate.

Sushil Kukreja, Judge 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. 10-S/4 of 2017/13, whereby the

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

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petition filed by the petitioners/claimants, under Section 18 of the Land Acquisition Act (for short “the Act”) wPas partly

allowed and they were held entitled for compen.sation to the tune of Rs. 1,35,616/- (Rs. 12,328.72/- X 11), being value of 11 apple trees, alongwith other benefits, as permissible

under the statute.

2. The brief facts of the case are that land comprised in Khasra No. 100/1, measuring 0-01-68 hectares, situated at Village Dhali, Tehsil Kotkhai, District Shimla, H.P., has been utilized by the respondents for public purpose, i.e. for construction of ‘Dhali-Dhakal’ link road vide Notification

hunder Section 4, dated January 4, 2010 and the award gwhereof has been passed by Land Acquisition Collector, iHPPWD, South Zone, Winter Field, Shimla, on July 3, 2012, vide award No. 70/2012.

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 their land and apple orchard have

not been adequately compensated.

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4. The learned Reference Court, partly allowed the petition of the claimants and they were held ePntitled for

compensation to the tune of Rs. 1,35,616/- (Rs.. 12,328.72/- X 11), being value of 11 apple trees, 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.

5. I have heard the learned Deputy Advocate General for the appellants/State, learned Senior Counsel for

the respondents and also carefully examined the records.

h6. Learned Deputy Advocate contended that the glearned Reference Court had wrongly appreciated the imaterial on record and wrongly placed reliance upon Ext.

PW-2/A, i.e. assessment report of the expert, whereby compensation of 11 apple trees has been assessed to the tune of Rs. 1,35,616/-. He further contended that learned Reference Court had wrongly relied upon document Ext. PW-1/G and ignored the statement of RW-1 and copy of award, according to which, no trees were existing on the road. Therefore, he submitted that the appeal be allowed and

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impugned award dated 02.06.2018 passed by the learned Reference Court be set-aside. P

7. Conversely, learned Senior C.ounsel for respondents contended that the learned Reference Court had rightly held the petitioners entitled for enhanced compensation, hence, the awarded amount of compensation is just and fair and necessitates no interference. Lastly, he

prayed for dismissal of the instant appeal.

8. It is admitted case of the respondents that land of the petitioners was acquired for const

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