2025:HHC:21651 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA RFA No.384/2018 a/w Cross objections No. 18 of 2019 and connected matters Date of Decision: 7th July 2025. 1. RFA No. 384 of 2018 a/w Cross objections No. 18 of 2019 HPPCL and another .....Appellants. Versus Karam Chand and others …..Respondents. 2. RFA No. 385 of 2018 a/w cross objections No. 16 of 2019 HPPCL and another .....Appellants. Versus Rajender Singh and others …..Respondents ____________________________________________________ 3. RFA No. 386 of 2018 a/w Cross objections No. 12 of 2019 HPPCL and another .....Appellants. Versus Sadanand and others …..Respondents. 4. RFA No. 387 of 2018 a/w cross objections No. 15 of 2019 HPPCL and another .....Appellants. Versus Jagmohan (since deceased) through LRs & others ...Respondents ____________________________________________________ 5. RFA No. 388 of 2018 a/w cross objections No. 09 of 2019 HPPCL and another .....Appellants. Versus Indira Devi (since deceased) through LRs & others ..Respondents ____________________________________________________ 6. RFA No. 389 of 2018 a/w cross objections No. 13 of 2019 HPPCL and another .....Appellants. Versus Kaku Ram & others …..Respondents ____________________________________________________ 2 2025:HHC:21651 7. RFA No. 390 of 2018 a/w cross objections No. 20 of 2019 HPPCL and another .....Appellants. Versus Chintamani & others …..Respondents ____________________________________________________ 8. RFA No. 391 of 2018 a/w cross objections No. 22 of 2019 HPPCL and another .....Appellants. Versus Narayan Singh & others …..Respondents ____________________________________________________ 9. RFA No. 392 of 2018 a/w cross objections No. 11 of 2019 HPPCL and another .....Appellants. Versus Luxmi Kant & others …..Respondents ____________________________________________________ Coram The Hon’ble Mr. Justice Bipin Chander Negi, Judge. Whether approved for reporting?1 For the Appellants : Mr. Shashi Shirshoo, Advocate in all the appeals. . For the Respondents : Mr. Ajay Chauhan, Advocate, for respondents/cross objectors. : Mr. Munish Thakur, Deputy Advocate General, for proforma respondents/State. Bipin Chander Negi, Judge (oral). Since the above captioned appeals and cross-objections are directed against the award dated 05.09.2018 passed, in Reference Petition No.35-LAC/4 of 2015, alongwith other connected matters, by learned District Judge, Sirmaur District at Nahan, the same are being taken up together for adjudication with the consent of learned counsel representing the parties. 1 Whether reporters of Local Papers may be allowed to see the judgment? YES 3 2025:HHC:21651 2. By way of aforesaid appeals filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act), challenge has been laid to award dated 05.09.2018 passed by learned District Judge, Sirmaur District at Nahan, in various Land Reference petitions as described in the award. 3. Undisputedly, the suit land belonging to claimant(s), situate in Mohal Jaincha Majhai, Sub Tehsil Dadahu, District Sirnmaur, H.P., as detailed in the award, came to be acquired for public purpose; namely; construction of “Renuka Ji Dam and its submergence area” and acquisition proceedings commenced with the issuance of Notifications under Section 4 of the Act on 24.07.2009. The Land Acquisition Collector (for short ‘LAC’) passed common award No.703, dated 01.10.2012 and awarded compensation of the acquired land as per the classification and nature of the land mentioned in the award. 4. Claimants, being aggrieved and dissatisfied with the amount of compensation awarded by ‘LAC’, preferred reference petitions under Section 18 of the Act, before the learned District Judge, Sirmaur District at Nahan, seeking therein enhancement of compensation, awarded by the Land Acquisition Collector. Learned District Judge vide impugned award dated 05.09.2018, re-determined the market value of the acquired land and enhanced the same at the rate of Rs.7,00,000/- per bigha irrespective of 4 2025:HHC:21651 nature and classification of land alongwith all statutory benefits as mentioned in the award. 5. The appellants being aggrieved and dis-satisfied with the aforesaid award passed by the learned District Judge, Sirmaur District at Nahan, have approached this Court by way of above captioned appeals, seeking therein to reduce the award passed by the learned District Judge, Sirmaur at Nahan. 6. It is not in dispute before this Court that similar situate claimants, whose land also came to be acquired for construction of “Renuka Ji Dam and its submergence area” in the acquisition proceedings commenced with the publication of Notification issued under Section 4 of the Act, had filed Land Reference Petitions before the learned District Judge, Sirmaur District at Nahan, praying therein to enhance the compensation awarded by ‘LAC’ in its awards No.703, dated 01.10.2012. Those reference petitions were clubbed and disposed of by common award passed in Reference Petition No.35-LAC/4 of 2015, dated 05.09.2018, alongwith other connected matters, wherein the Reference Court re-determined the market value of entire land irrespective of classification and nature of the land on uniform basis and awarded a sum of Rs.7,00,000/- per bigha. 7. Being aggrieved and dissatisfied with the aforesaid award passed by learned District Judge, Sirmaur District at Nahan, the respondents in the aforesaid reference petitions, filed different 5 2025:HHC:21651 appeals, which came to be disposed of by a Coordinate Bench of this Court vide judgment dated 09.12.2019 passed in RFA No.171 of 2016, titled as: LAC, HPPCL & Anr. vs. Kamal Dev & Ors., (for short “Kamal Dev’s case”) by holding that Reference Court has rightly determined the enhanced market value of land at the rate of Rs.7,00,000/- per bigha, irrespective of nature and classification of land in its award dated 05.9.2018. 8. Shri Shashi Shirshoo, learned counsel, representing the appellants in appeals, while fairly acknowledging the factum with regard to passing of judgment dated 09.12.2019 in “Kamal Dev’s case” (supra), conceded that claimants-respondents in the case(s) at hand are also entitled for compensation at the rate of Rs.7,00,000/- per bigha irrespective of nature and classification of land as per the said judgment. Shri Ajay Chauhan, learned counsel representing the claimants/respondents in respective cases, also acceded to the market value of the land determined in “Kamal Dev’s case” (supra). 9. Consequently, in view of detailed discussion made hereinabove as well as fair stand adopted by Shri Shashi Shirshoo, learned counsel representing the appellants, present appeals are dismissed and it is ordered that directions contained in “Kamal Dev’s case” (supra), shall mutatis mutandis apply to the present cases also. Interim order, if any, is vacated. 6 2025:HHC:21651 10. Appellants are directed to deposit the entire award amount in the Registry of this Court within a period of eight weeks from today, if not already deposited. 11. In view of the aforesaid, cross objections bearing No.18 of 2019 filed in RFA No. 384 of 2018, No.16 of 2019 in RFA No.385 of 2018, No.12 of 2019 filed in RFA No. 386 of 2018, No.15 of 2019 filed in RFA No. 387 of 2018, No.09 of 2019 filed in RFA No. 388 of 2018, No.13 of 2019 filed in RFA No. 389 of 2018, No.20 of 2019 filed in RFA No. 390 of 2018, No.22 of 2019 filed in RFA No. 391 of 2018 and No.11 of 2019 filed in RFA No. 392 of 2018, also stand disposed of. Pending miscellaneous applications, if any, also stand disposed of. (Bipin Chander Negi) Judge 7th July, 2025 (Rupsi)