Market value for acquired land is determined by potentiality and existing advantages, and awardees are mandatorily entitled to statutory solatium and interest under the Land Acquisition Act, 1894, on the enhanced compensation.

Since both these appeals are the offshoots of award, dated 01.08.2019, passed by learned Additional District Judge-II, Una, District Una, H.P. (hereinafter referred to as “the learned Reference Court”), the same are taken up together and being disposed of by a common judgment.

The appellant, who was petitioner/claimant (hereinafter referred to as “the petitioner/claimant”), preferred the instant appeals under Section 54 of the Land Acquisition Act (for short “the Act”) against award dated 01.08.2019, passed by learned Reference Court, in LAC Petitions No. 15 and 16 of 2007, whereby the above petitions filed by petitioner, i.e., Smt. Mamta Devi were allowed with costs and she was awarded compensation @ Rs.1000/- per square meter, irrespective of the location, category and classification of the acquired land alongwith interest @ 12% per annum on the enhanced amount of compensation under Section 23(1-A) of the Act from 25.02.2005 to 05.10.2006 alongwith solatium and interest.

The facts giving rise to the instant appeals are that the land of petitioner-Smt. Mamta Devi, i.e., (1) measuring 0- 32-15 hectares, khasra No. 3074/445/1, 3676/446/1, 3078/450/1, 3080/451/1, 3082/453, 3084/454, 3086/455/2, measuring 0-17-89 hectares, khasra No. 3967/424/2, land measuring 0-03-12 hectares, khasra No. 419 to 421, 422 and 423 and (2) land measuring 0-32-15 hectares, khasra No. 3074/445/1, 3676/446/1, 3078/450/1, 3080/451/1, 3082/453, 3084/454, 3086/455/2 and land measuring 0-17-89 hectares, khasra No. 3967/424/2 and land measuring 0-03-12 hectares, bearing khasra No. 419 to 421, 422 and 423 situated in village Katohar Khurd, Tehsil Amb, District Una, H.P. was acquired for the purpose of construction of Nangal-Talwara Railway line under the Act vide Award No. 5, dated 05.10.2006, passed by Acquisition Officer (Railway), Una.

The petitioner assailed the aforesaid award before the learned Reference Court by filing petitions under Section 18 of the Act, wherein she averred that the Land Acquisition Collector published Notification Under Section 4 of the Act on 25.02.2005 qua acquisition of land in village Katohar Khurd, Tehsil Amb, Una, for construction of Railway Line from Nangal to Talwara (Una-Churru). Thereafter, notification under Section 6 of the Act, dated 23.06.2005, was issued. On 05.10.2006 the Land Acquisition Collector passed award under Section 11 of the Act and following compensation was awarded:

The petitioner/claimant averred that the Land Acquisition Collector did not assess the market value of the land correctly and she claimed that the aforesaid land was surrounded by abadies of village inhabitants on all sides and was also abutting to Una Dharamshala National Highway on the eastern side and a link road on the southern side. She further averred that the land was having a factory over it under the name and style of Himalayan Steel and General Products, which was engaged for extraction of resin and the building constructed for the factory was also acquired, for which very less compensation was paid. As per the petitioner/claimant, the Collector had not adopted proper criteria for calculating the compensation of the acquired land, as required under the law and the value of the acquired building was stated to be Rs.8,50,000/-. Lastly, she prayed for enhanced compensation.

The learned Reference Court after hearing the learned counsel for the parties and considering the record allowed the claim petitions and awarded the compensation @ Rs.1000/- per square meter, irrespective of location, category and classification of the acquired land alongwith interest @ 12% per annum on the enhanced amount of compensation from 25.02.2005 to 05.10.2006. The petitioner was also held entitled to solatium @ 30% on the enhanced amount of compensation and interest @ 9% from 06.10.2006 till the amount of compensation is deposited in the Court.

The petitioner, still feeling aggrieved, preferred the instant appeals under Section 54 of the Act against the