( 2026:HHC:10874 ) IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA RFA No. 305 of 2017 Date of decision: 08.04.2026 _____________________________________________________ Hans Bahadur ....Appellant Versus State of Himachal Pradesh and others …Respondents _____________________________________________________ Coram Hon'ble Mr. Justice Sushil Kukreja, Judge 1 Whether approved for reporting? For the appellant: Mr. Dibender Ghosh, Advocate. For the respondents: Mr. Raj Kumar Negi, Additional Advocate General, for respondents No.1 & 2/State. Respondent No.3 ex-parte. Sushil Kukreja, Judge (Oral) The instant appeal has been preferred under Section 54 of the Land Acquisition Act, 1894 (for short, ‘the Act’) by the appellant/ petitioner against the award dated 17.05.2017, passed by the learned District Judge, Kinnaur Civil Division at Rampur Bushahr, District Shimla, camp at Reckong Peo (for short ‘the Reference Court’), with the prayer that the impugned award may be modified by enhancing the amount of compensation. 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 ( 2026:HHC:10874 ) 2. The facts of the case, in brief, are that a notification under Section 4 of the Act was issued on 12.10.2007, for acquiring the land in villages Lamber, Lizang and Ruwang for construction of 100 MW Tidong-I, Hydro Electric Project to be executed by respondent No.2. After following all codal formalities, the Land Acquisition Collector (respondent No.2) passed the award dated 30.06.2009, whereby the market value of the irrigated land/orchard was assessed at the rate of Rs.4,69,995/- per bigha and unirrigated land/other at the rate of Rs.1,04,416/- per bigha, with 20% increase over the said amount and the value of the houses and other structures, including trees was assessed in terms of the valuation assessed by the Executive Engineer, HPPWD and the Forest Department as well as Horticulture Department. 3. Feeling aggrieved and dissatisfied with the said award, the petitioner and other land owners preferred reference petitions under Section 18 of the Act with the prayer that the matter be referred to the learned District Judge for payment of fair and adequate amount of compensation. 4. The learned Reference Court, vide common award dated 17.05.2017, allowed the reference petition with costs and the market value of the acquired land was assessed at the rate of Rs.4,69,995/- per bigha plus 20% increase thereover alongwith also other statutory benefits. The appellant-petitioner still being feeling aggrieved and 3 ( 2026:HHC:10874 ) dissatisfied preferred the instant appeal, with a prayer to modify the impugned award dated 17.05.2017, enhancing the amount of compensation. 5. I have heard learned counsel for the appellant as well as learned Additional Advocate General for respondents No.1 &2/State and have also carefully gone through the entire record. 6. The counsel for the appellant as well as learned Additional Advocate General for respondents No.1 & 2/State are ad idem to the fact that in similar cases, arising out of the award dated 30.06.2009, passed by the Land Acquisition Collector (respondent No.2), a Co- ordinate Bench of this Court in a batch of appeals, lead case being RFA No.267 of 2017, titled M/s Naziveedu Seeds Limited Vs. Sh. Thakur Bhagat & others, decided on 11.10.2023, whereby the land owners were held entitled to compensation at the rate of Rs. 45,000/- per biswa, i.e. Rs.9,00,000/- per bigha, subject to deduction of development charges at the rate of 25%. The said judgment was assailed before the Hon’ble Supreme Court and vide order dated 10.03.2026, passed in SLP (C) Nos.20865-20883/2024, titled Thakur Bhagat etc. Vs. State of Himachal Pradesh & ors., while enhancing the compensation, the Hon’ble Supreme Courtt had held the land owners to be entitled to compensation at the rate of Rs.80,000/- per biswa, with a deduction of 25% as development charges. 4 ( 2026:HHC:10874 ) 7. Therefore, in view of the aforesaid order dated 10.03.2026, passed by the Hon’ble Supreme Court, the instant appeal is allowed and the impugned award dated 17.05.2017, passed by the learned Reference Court, is modified to the extent that the appellant-petitioner is held entitled to compensation at the rate of Rs.80,000/- per biswa, with a deduction of 25% as development charges. Rest of the award shall remain unchanged. Pending application(s), if any, shall also stand disposed of. (Sushil Kukreja) April 08, 2026 Judge (V.Himalvi)