1 Neutral Citation No. ( 2026:HHC:22876 ) IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA RFA No. 159 of 2015 Reserved on: 16.06.2026 Date of decision: 18.06.2026 Date of uploading on website: 18.06.2026 ________________________________________________ Land Acquisition Collector & others …..Appellants. Versus Kapoor Singh & others ……Respondents. ________________________________________________ Coram The Hon'ble Mr. Justice Sushil Kukreja, Judge. 1 Whether approved for reporting? For the appellants: Mr. Raj Kumar Negi, Additional Advocate General. For respondents No. 1, 3(a) to 3(c), 4 & 5: Mr. Akshay Katoch, Advocate. Sushil Kukreja, Judge. The instant appeal has been preferred by the appellants/State, who were respondents before the learned Reference Court (hereinafter referred to as “the appellants”), under Section 54 of the Land Acquisition Act (for short “the Act”), against award dated 31.05.2014, passed by learned Additional District Judge-II, Solan, District Solan, H.P. (hereinafter referred to as “the learned Reference Court”), whereby the Reference Petition, preferred by the petitioners 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 Neutral Citation No. ( 2026:HHC:22876 ) (respondents herein), under Section 18 of the Act was allowed. 2. The brief facts of the case are that the petitioners were co-owners of land comprised in khata/khatauni No. 4/31 min, khasras No. 133 and 134, measuring 14 biswas to the extent of 2/191 share, situated in village Gaura, Tehsil Kandaghat, District Solan, H.P.. The aforesaid land of the petitioners was acquired by the State (appellants) for the construction of lift water supply scheme from Giri River to Solan and notification under Section 4 of the Act was issued on 08.11.2013. The petitioners averred in their petition that Land Acquisition Collector arbitrarily determined the market value of the acquired land @ 47,085/- per bigha for Katool land and Rs.6138/- for banjar kadeem. As per the petitioners, the acquired land was adjacent to national highway and there were tourist complexes, patwar circles, banks panchayat head quarters etc.. The petitioners sought appropriate compensation alongwith other statutory benefits. 3. The Reference Court, after hearing the learned counsel for the parties and after examining the entire record, allowed the reference petition and held the petitioners entitled to enhanced compensation of the acquired land @ 3 Neutral Citation No. ( 2026:HHC:22876 ) Rs.41,632/- per biswa with other statutory benefits, i.e., 30% solatium as per Section 23(2) of the Act, 12% interest thereon as per Section 23(1-A) of the Act and future interest on the enhanced compensation @ 9% per annum from the date of notification under Section 4 of the Act for a period of one year and thereafter interest @ 15% per annum till actual payment, as per Section 28 of the Act. Hence, the instant appeal preferred by the appellants/State. 4. The perusal of the impugned award reveals that the learned Reference Court had passed the same on the basis of the award dated 28.09.2006, Ex. PW-1/C, passed by learned Additional District Judge (Presiding Officer), Fast Track Court, Solan qua the land situated in village Gaura which was notified under Section 4 of the Act and published on 08.11.2013 for the purposes of acquisition for construction of lift water supply scheme from Giri River to Solan. Perusal of Ex. PW-1/C further shows vide this award, the market value of the acquired land was assessed as Rs.41,632/- per biswa. 5. As per instructions dated 04.05.2026, received from the appellants/State, award, Ex. PW-1/C, was challenged before this Court by the appellant/state by filing 4 Neutral Citation No. ( 2026:HHC:22876 ) appeal, i.e., RFA No. 59 of 2007, arising out of the same land acquisition proceedings, which stood dismissed and thereafter appeal was filed before the Hon’ble Supreme Court and the same had also been dismissed, vide order dated 08.01.2016. It has been mentioned in the instructions that the judgment in RFA No. 59 of 2007 has attained finality and the issues arising out of the common Award No. 42 of 2005, dated 31.03.2005, stand conclusively settled. It has further been mentioned in instructions that the instant RFA, i.e., RFA No. 159 of 2015, also arises out of the same common award, therefore, the matter may be considered in the light of the finality already attained in the connected case. 6. In view of the instructions dated04.05.2026, filed by the appellants/State, as the award, Ex. PW-1/C, on the basis of which the impugned award has been passed by the learned Reference Court, has attained finality, the present appeal, filed by the appellants/State, being devoid of any merit, is dismissed. Pending application(s), if any, shall also stand(s) disposed of. ( Sushil Kukreja ) Judge 18th June, 2026 (virender)