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2025 DAILYLAW 22089 (HP)

MAST RAM AND OTHERS v. STATE OF HP AND OTHERS

RFA/34/2020 · 2025-09-23

Bipin Chander Negi

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Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. RFA No. 322 of 2019 alongwith RFA Nos. 323, 324, 325, 326, 327, 328 & 370 of 2019, 31, 32, 33, 34, 35, 57, 73 and 109 of 2020 Decided on: 23.09.2025 ____________________________________________________ 1. RFA No. 322 of 2019 The Land Acquisition Collector and Another ……….. appellants Versus Lajinder Singh and others ……….respondents ______________________________________________________________ 2. RFA No. 323 of 2019 The Land Acquisition Collector and Another ……….. appellants Versus Hunar Singh and Others ……….respondents ______________________________________________________________ 3. RFA No. 324 of 2019 The Land Acquisition Collector and Another ……….. appellants Versus Harnam Singh and others ……….respondents ______________________________________________________________ 4. RFA No. 325 of 2019 The Land Acquisition Collector and Another ……….. appellants Versus Mast Ram and others ……….respondents ______________________________________________________________ 2 5. RFA No. 326 of 2019 The Land Acquisition Collector and Another ……….. appellants Versus Prem Lal and others ……….respondents ______________________________________________________________ 6. RFA No. 327 of 2019 The Land Acquisition Collector and Another ……….. appellants Versus Krishan Singh and others ……….respondents ______________________________________________________________ 7. RFA No. 328 of 2019 The Land Acquisition Collector and Another ……….. appellants Versus Rajinder Singh and others ……….respondents _______________________________________________________________ 8. RFA No. 370 of 2019 The Land Acquisition Collector and Another ……….. appellants Versus Naginder Singh and others ……….respondents ______________________________________________________________ 9. RFA No. 31 of 2020 Krishan Singh and others ……….. appellants Versus State of H.P. and others ……….respondents _______________________________________________________________ 3 10. RFA No. 32 of 2020 Harnam Singh and others ……….. appellants Versus State of H.P. and others ……….respondents ______________________________________________________________ 11. RFA No. 33 of 2020 Rajinder Singh and others ……….. appellants Versus State of H.P. and others ……….respondents _____________________________________________________________ 12. RFA No. 34 of 2020 Mast Ram and others ……….. appellants Versus State of H.P. and others ……….respondents ______________________________________________________________ 13. RFA No. 35 of 2020 Naginder Singh and others ……….. appellants Versus State of H.P. and others ……….respondents ______________________________________________________________ 14. RFA No. 57 of 2020 Prem Lal and others ……….. appellants Versus State of H.P. and others ……….respondents ______________________________________________________________ 4 15. RFA No. 73 of 2020 Hunar Singh ……….. appellant Versus State of H.P. and others ……….respondents _______________________________________________________________ 16. RFA No. 109 of 2020 Lajinder Singh and others ……….. appellants Versus State of H.P. and others ……….respondents ____________________________________________________ Coram: Hon'ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting? 1 For the appellant(s) : Mr. Shashi Shirshoo, Advocate, for the appellants in RFA Nos. 322 to 328, 370 of 2019. and for the. Ms. Shalini Thakur, Advocate, for LRs of deceased appellant No.7 in RFA No. 32 of 2020. Mr. Ajay Chauhan, Advocate, for the appellants in RFA Nos. 31 to 35, 57, 73 and 109 of 2020 For the respondents(s) : Mr. Shashi Shirshoo, Advocate, for the respondents in RFA Nos. 31 to 35, 57, 73 and 109 of 2020. Mr. Ajay Chauhan, Advocate, for the respondents in RFA Nos. 322 to 328 and 370 of 2019. 1 Whether the reporters of the local papers may be allowed to see the judgment? 5 Mr. Raj Kumar Negi, Additional Advocate General, for the respondents/State. ____________________________________________________ Bipin Chander Negi, Judge (oral) Since the above captioned appeals and cross- appeals are directed against the award dated 10.06.2019 passed, in Reference Petition No.7-LAC/4 of 2017, 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. 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 10.06.2019 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 Panyali, Sub Tehsil Dadahu, District Sirmaur, 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 16.06.2010. The Land Acquisition Collector (for short ‘LAC’) passed common award No.667, dated 25.07.2012 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 6 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 10.06.2019, 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 nature and classification of land alongwith all statutory benefits as mentioned in the award. 5. The appellants HPPCL 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. Similarly the claimants have filed appeals seeking enhancement of compensation awarded. 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.667, dated 25.07.2012. Those reference petitions were clubbed and disposed of by common 7 award passed in Reference Petition No.7-LAC/4 of 2017, dated 10.06.2019, 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 appeals, which came to be disposed of by a Coordinate Bench of this Court vide judgment dated 12.11.2021 passed in RFA No.291 of 2019, titled as: Renuka Ji Dam Project and others vs. Kewal Ram and others., (for short “Kewal Ram’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 “ Kewal Ram’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 8 cases, also acceded to the market value of the land determined in “Kewal Ram’s case” (supra). 9. Consequently, in view of detailed discussion made hereinabove as well as fair stand adopted by Shri Shashi Shirshoo & Sh. Ajay Chauhan, learned counsels representing the respective appellants, present appeals are dismissed and it is ordered that directions contained in “Kewal Ram’s case” (supra), shall mutatis mutandis apply to the present cases also. Interim order, if any, is vacated. 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, all appeals stand disposed of, so also, the pending miscellaneous applications, if any. (Bipin Chander Negi) Judge September 23rd, 2025 Tarun