IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. RFA No. 149 of 2016 a/w Cross-objection No. 1 of 2020 Decided on: 25.09.2025 ____________________________________________________ General Manager Renukaji Project and Anr. ……….. appellants Versus Rikhi Ram and others ……….respondents ____________________________________________________ Coram: Hon'ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting? 1 For the appellants : Mr. Vivek Negi, Advocate. For the respondents : Mr. Raj Kumar Negi, Additional Advocate General, for the State. Ms. Shashi Kiran, Advocate, for respondents No. 21, 22, LRs No. 15(a) to 15(C), 25(a) to 25(c), 27(a) to 27(e), 74(a) to 74(f) and 101(a) to 101(c). Mr. Pawan Kumar Sharma, Advocate, for respondents LRs No. 54(a) to 54(c) and 67(a) to 67(c). ____________________________________________________ Bipin Chander Negi, Judge ( oral) The appeal in the case at hand has been filed by the Project Proponent for reduction of the amount awarded by the reference Court and cross-objections have been filed by the 1 Whether the reporters of the local papers may be allowed to see the judgment? 2 claimant, seeking enhancement of compensation awarded by the reference Court in award dated 16.06.2025, passed in LAC Petition No. 3-LAC/4 of 2013, whereby compensation at the uniform rate of Rs. 1,00,000/- has been awarded. 2. The acquisition in the case at hand pertains to land which has been acquired in village/Mohal Panar Kalyan, Sub- Tehsil Dadahu, District Sirmaur, H.P. Acquisition in the case at hand was commenced on the basis of Section 4 of Notification, which was issued on 28.02.2009 published in two daily newspapers, i.e., Amar Ujjala on 27.03.2009 and Punjab Kesari on 28.03.2009. The publication in Raj Patra was dated 02.03.2009. Award in the case at hand bearing No. 609 was announced on 08.07.2010. The Land Acquisition Collector in the award announced based on classification of land (Nakabil) had awarded a sum of Rs. 60,500/- per bigha. 3. In the aforesaid backdrop, learned counsels appearing on behalf of the parties have drawn the attention of this Court to judgment dated 02.11.2008 passed in RFA No. 370 of 2014 and other connected matters. From a perusal of the judgment so passed, it is evident that the lands being dealt in the said case pertain to village Panar Kalyan, i.e., the same village qua which the present appeal and cross-objections pertain. Acquisition which was being dealt with in RFA No. 370 of 2014 3 pertained to a notification issued under Section 4, which was issued on 24.07.2009, last publication whereof was made on 14.09.2009. Hence, it is evident that not only are the lands being acquired in the same village, but the acquisition notification also happen at almost about the same time (March/July) 4. The judgment to which the attention of this Court has been drawn (RFA No. 370 of 2014 decided on 02.11.2018), therein the Land Acquisition Collector had awarded compensation based on classification of land ranging from Rs. 60,500/- per bigha to Rs. 3,60,000/- per bigha. In the reference petition preferred therein, the reference Court had enhanced the compensation by awarding uniform rate of the acquired land at Rs. 5,00,000/- per bigha. The same was affirmed by a Co- ordinate Bench of this Court, while disposing of RFA No. 370 of 2014 along with other connected matters, decided on 02.11.2018. 5. The learned counsel for the Project Proponent fairly submits that since the land acquired in RFA No. 370 of 2014 is in the same village to which the present appeal pertains and the Section 4 notification issued initiating the acquisition proceedings also pertain to almost the same period, i.e., 2009 (March/July), hence the appeal filed by the Project Proponent needs to be dismissed and the cross-objections filed by the respondents- claimants need to be allowed by enhancing the compensation 4 awarded by the reference Court in the case at hand at Rs. 1,00,000/- per bigha irrespective of classification to Rs. 5,00,000/- per bigha irrespective of classification for the reasons detailed in RFA No. 370 of 2014 decided on 02.11.2018. 6. In view thereof, the present appeal is dismissed and cross-objections are allowed. The compensation is enhanced to Rs. 5,00,000/- per bigha irrespective of classification of land. Pending miscellaneous application(s), if any, shall also stand disposed of. (Bipin Chander Negi) Judge September 25th, 2025 Susheel