GOPAL SINGH AND ANOTHER v. Land Acquistion Collector AND OTHERS
CMPMO/338/2026 · 2026-08-21
Virender Singh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 19913 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 19913 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:HHC:35762 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CMPMO No. : 318 of 2026 a/w CMPMOs No. 336 to 339 of 2026 Decided on : 21.08.2026 (1) CMPMO No. 318 of 2026 Tek Chand & Ors. …Petitioners Versus LAC, HPPWD Mandi & Ors. …Respondents (2) CMPMO No. 336 of 2026 Shyam Lal & Anr. …Petitioners Versus LAC, HPPWD Mandi & Ors. …Respondents (3) CMPMO No. 337 of 2026 Salig Ram & Ors. …Petitioners Versus LAC, HPPWD Mandi & Ors. …Respondents (4) CMPMO No. 338 of 2026 Gopal Singh & Anr. …Petitioners Versus LAC, HPPWD Mandi & Ors. …Respondents (5) CMPMO No. 339 of 2026 Bhag Singh & Ors. …Petitioners Versus LAC HPPWD Mandi & Ors. …Respondents
2 2026:HHC:35762 Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioners : Mr. Vinay Kuthiala, Senior Advocate, with Ms. Vandana Kuthiala, Advocate. For the respondents : Mr. Mohinder Zharaick, Mr. H.S. Rawat, Additional A.Gs., with Mr. Rohit Sharma, Ms. Ranjna Patial, Deputy A.Gs.
Virender Singh, Judge
(Oral) The above titled five petitions, are being
disposed of by a common order.
2. CMPMO No. 318 of 2026, has been filed under Article 227 of the Constitution of India, against the order dated 13.05.2026, passed by the Court of learned ADJ Sundernagar, District Mandi, H.P. (hereinafter referred to as ‘the Reference Court’), in CMA No. 65/2026 in Reference No. 33 of 2023, titled as “Tek Chand & Ors. Versus LAC, HPPWD & Ors.”.
3. CMPMO No. 336 of 2026, has been filed under Article 227 of the Constitution of India, against the order dated 13.05.2026, passed by the learned Reference Court’), in CMA No. 64/2026 in Reference No. 13 of 2023, titled as
“Shyam Lal & Ors. Versus LAC, HPPWD & Ors.”. 1 Whether Reporters of local papers may be allowed to see the judgment? Yes.
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4. CMPMO No. 337 of 2026, has been filed under Article 227 of the Constitution of India, against the order dated 13.05.2026, passed by the learned Reference Court’), in CMA No. 63/2026 in Reference No. 40 of 2023, titled as
“Saligram & Ors. Versus LAC, HPPWD & Ors.”.
5. CMPMO No. 338 of 2026, has been filed under Article 227 of the Constitution of India, against the order dated 13.05.2026, passed by the learned Reference Court’), in CMA No. 62/2026 in Reference No. 08 of 2023, titled as
“Gopal Singh & Ors. Versus LAC, HPPWD & Ors.”.
6. CMPMO No. 339 of 2026, has been filed under Article 227 of the Constitution of India, against the order dated 13.05.2026, passed by the learned Reference Court’), in CMA No. 66/2026 in Reference No. 3 of 2023, titled as
“Bhag Singh & Ors. Versus LAC, HPPWD & Ors.”.
7. By way of order dated 13.05.2026, the learned Reference Court has dismissed the applications of the petitioners, filed under Order 6 Rule 17 of CPC.
8. For the sake of convenience, the parties to the present lis, are, hereinafter referred to, in the same manner, as were, referred to, by the learned Reference Court.
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9.
Brief facts, leading to the filing of the present petition, before this Court, as borne out from the record, may be summed up, as under: 9.1 Necessary facts, for adjudication of the above titled petitions are being borrowed from CMPMO No. 318 of 2026, titled as “Tek Chand & Ors. Versus LAC, HPPWD Mandi, & Ors.”, by treating the said case as the lead case. 9.2 The applicants have filed the abovementioned reference petitions, for enhancement of the compensation, as awarded by the learned Collector. The said references were pending adjudication before the learned Reference Court. 9.3 Vide award No. 19/2022, passed under the provisions of Section 23 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as “the New Land Acquisition Act”), the land for the purpose of construction of SlapparTattapani Road, has been acquired. 9.4 During the pendency of the award before the learned Reference Court, the applicants have filed the applications for seeking the indulgence of the learned
5 2026:HHC:35762 Reference Court to permit them to incorporate sub para ‘F’ in the reference petition. The said para is reproduced, as under:
“That it is submitted that TattapaniChalawgDogriKarla single lane road was constructed by the respondent Department during the year 200102 and the same was also functional for plying the vehicles and HRTC buses since then. It is further submitted that the above acquisition proceeding were notified and carried out for widening/construction of the TatapaniSlapar Road which included the existing TattapnaiChalogiDogriKarla single land road. It is pertinent to mention here that the possession of the land under the above pre existing road in Mohal Boi was already with the respondent Department since 200102, therefore, the petitioners/ landowners are entitled to paid the use and occupation charges/damages qua the area equals to half portion of the acquired land of the respective landowners already utilized by the respondent Department for construction of TattapaniChalogiDogriKarla single land road since 200102.”
10. The said application has been filed on the ground that TattapaniChalogiDogriKarla single lane road was constructed by the respondent Department, in the year 200102, and the same is operational for the vehicles. Thereafter, the acquisition proceedings were notified and carried out for widening/construction of the Tattapani Slappar Road, which included the existing Tattapani ChalogiDogriKarla single lane road.
The possession of the land under the existing road was already with the respondent Department, since 200102, for which, they are liable to pay use and occupation charges, since 200102. 6 2026:HHC:35762
11. The case is stated to be at the stage of evidence and respondents have led their evidence and during cross examination of the respondents witnesses, when they were confornted with the existence of the TattapaniChalogi DogriKarla Road, prior to the acquisition of the land for TattapaniSlappar Road, they have admitted the same, but have shown their unawareness about the date and year of operation/functioning of the road. Since, the petitioners were under the bonafide belief that the present acquisition is pertaining to the additional land for widening of the existing road, whereas, it has been found that the land is yet to be acquired. As such, a prayer has been made to allow the application. 12. This application has been contested, on the ground, that the same is not maintainable; the applicants have not given sufficient reason for seeking the amendment; the trial has commenced and petitioner/ applicant has closed their evidence and case is stated to be fixed for respondent’s evidence. All these facts, have been pleaded to demonstrate that present amendment, at this stage, is not maintainable. 7 2026:HHC:35762 12.1 On merits, factual position, as mentioned in the application, has been controverted. 13. Petitioners/applicants filed rejoinder, denying the preliminary objections, as well as, the contents, by virtue of which, the application has been contested. 14. The learned Reference Court, vide order dated 13.05.2026, has dismissed the application, mainly on the ground that applicants are not seriously pursuing the matter and the amendment would result into the de novo trial,
as
after
availing
89
opportunities, petitioner/applicants have closed their evidence. 15. These findings have been assailed before this Court. 16. Heard. 17. Admittedly, the present proceedings are under the New Land Acquisition Act. Provisions of Section 69 of the New Land Acquisition Act, are reproduced, as under:
“69. Determination of award by Authority.
(1) In determining the amount of compensation to be awarded for land acquired including the Rehabilitation and Resettlement entitlements, the Authority shall take into
consideration whether the Collector has followed the parameters set out under Section 26 to Section 30 and the provisions under Chapter V of this Act. (2) In addition to the market value of the land, as above provided, the Authority shall in every case award an amount calculated at the rate of twelve per cent per annum on such market value for the period commencing
8 2026:HHC:35762 on and from the date of the publication of the preliminary notification under Section 11 in respect of such land to the date of the award of the Collector or the date of taking possession of the land, whichever is earlier. Explanation. In computing the period referred to in this subsection, any period or periods during which the proceedings for the acquisition of the land were held up on account of any stay or injunction by the order of any Court shall be excluded. (3) In addition to the market value of the land as above provided, the Authority shall in every case award a solatium of one hundred per cent. Over the total compensation amount.”
18. Undoubtedly, the proceedings, before the learned Reference Court, are under Section 69 of the New Land Acquisition Act, and the powers of the authority has been provided under the proviso to Section 60 of the Act, which is reproduced, as under:
“60. Powers of Authority and procedure before it. (1) The Authority shall, for the purpose of its functions under this Act, shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely: (a) summoning and enforcing the attendance of any person and examining him on oath; (b) discovery and production of any document or other material object producible as evidence; (c) receiving evidence on affidavits; (d) requisitioning of any public record; (e) issuing commission for the examination of witnesses; (f) reviewing its decisions, directions and orders; (g) any other matter which may be prescribed. (2) the Authority shall have original jurisdiction to adjudicate upon every reference made to it under section
64.
(3) The Authority shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by the principles of natural justice and subject to the other provisions of this Act and of any rules made thereunder, the Authority shall have the power to regulate its owner procedure. 9 2026:HHC:35762 (4) The Authority shall, after receiving reference under section 64 and after giving notice of such reference to all the parties concerned and after affording opportunity of hearing to all parties, dispose of such reference within a period of six months from the date of receipt of such reference and make an award accordingly. (5) The Authority shall arrange to deliver copies of the award to the parties concerned within a period of fifteen days from the date of such award.”
19. In the present case, the learned Reference Court, has dismissed the applications, mainly, on the ground, that the applicants are negligent in pursuing their matter and they are not taking the proceedings seriously, whereas, the stand of the petitioners is based upon the fact that they were not aware about the fact, whether the land for construction of TattapniChalogiDogriKarla single lane road, was acquired or not. 20. The amendment of the Reference Petition is permitted, as held by the Hon’ble Supreme Court in
“Ghaziabad Development Authority Versus Anoop Singh & Anr., (2003) 2 Supreme Court Cases 484”. Relevant para 7, of the judgment, is reproduced, as under:
“7. As in the above case, in the instant case too, the award was passed by the Land Acquisition Officer and the Reference Court earlier to the effective date of substitution of Section 25. Hence, the limitation on the power of the court to award compensation as enjoined by the preamended section would be attracted. However, there is a formidable impediment for the appellant to take shelter under the preexisting Section 25. On a petition filed by the claimant, the application dated 1171967 wherein compensation was claimed at Rs. 20 per square
10 2026:HHC:35762 yard was allowed to be amended by an order of the Reference Court passed in the year 1983.
It is to be noted that by virtue of Section 53 of the Land Acquisition Act, the provisions of the Code of Civil Procedure shall apply to all proceedings before the court unless they are inconsistent with anything contained in the Act. In the light of this provision, the High Court rightly held that there is no bar under the Land Acquisition Act to file a petition for amendment of the claim application in regard to the quantum of compensation claimed as there is no provision in the Land Acquisition Act which is inconsistent with the power to allow amendment. The effect of allowing the amendment is to substitute the figure of Rs. 20 by Rs. 100 per square yard. When once this amendment is recognized and taken note of, it is obvious that the bar under Section 25 does not get attracted. Whether this amendment could have been permitted in the face of the unamended Section 25 has not been put in issue before the High Court in specific terms. Even in the SLP we found, in vain, any ground questioning the order allowing the amendment. No doubt, a party has right to challenge a nonappealable order in an appeal against the decree as, laid down in Rule 1A of Order 43. But, the fact remains that the legality or propriety of the order permitting amendment was neither specifically challenged before the High Court nor a specific ground taken that it was contrary to Section 25. At this stage, the appellant cannot be permitted to assail the correctness of the order permitting amendment. If that be so, the first contention based on the preexisting Section 25 has to be necessarily rejected.”
21. The Reference Court, in the present case, has dismissed the application mainly on two counts; firstly that the application is not maintainable and the same is barred by the provisions of Order 6 Rule 17 CPC. 22.
Considering the fact that the reference petition can be amended in view of the decision of Hon’ble Supreme Court, as referred to above, the findings of the learned Reference Court to that extent are liable to be interfered
11 2026:HHC:35762 with, as the learned Reference Court, has not properly exercised the jurisdiction vested in it and adopted a hyper technical approach. 23. So far as the second ground, upon which, the application is rejected is the proviso to Order 6 Rule 17 CPC. When subsection 3 of Section 60 of the New Land Acquisition Act, categorically gives the power to the trial Court to decide the same, being guided by the principle of natural justice, then, the opportunity to amend, ought to have been afforded to the petitioners, as the matter should be decided by the Court, after giving the opportunity to plead all the necessary facts. Every litigant ought to be afforded the opportunity to decide the issue involved on merits, by incorporating all the necessary facts, in the pleadings and the same should not be scuttled on mere technicalities, unless technicalities are so predominant that they overshadow the merits of the case. 24. Moreover, the procedural laws are meant for advancement of justice and not to scuttle the rights of the parties to get the decision on merits, after incorporating all the necessary facts, in their pleadings. 12 2026:HHC:35762
25. The learned Reference Court has not given the reason, as to how the petitioners are not serious about their case, much reliance has been placed by the learned Reference Court on Order 6 Rule 17 CPC, whereas the strict principles of CPC are not applicable in view of Section 60 of subsection (3) of the New Land Acquisition Act, to these proceedings, before the learned Reference Court. 26. Considering the above facts, the learned Reference Court, has failed to exercise the jurisdiction vested in it, in its right perspective.
Consequently, the petitions are allowed and the applications for amendment are ordered to be allowed. 27. Parties to the lis, are directed to appear before the learned Reference Court on 01.09.2026, at 10:00 am. 28. The respondents shall file the reply to the amended reference petitions and thereafter, learned Reference Court is required to proceed further, in accordance with law. 29. Pending application(s), if any, shall also stand(s)
disposed of.
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30. Copy of the judgment, be placed on record, in the connected appeals.
(Virender Singh) 21st August, 2026 Judge (Pramod Kumar)