Land Acquisition Collector Hppwd & ... vs Sh. Madan Lal & Another
2025 Latest Caselaw 9506 HP

Citation : 2025 Latest Caselaw 9506 HP
Judgement Date : 28 November, 2025

[Cites 7, Cited by 0]

Himachal Pradesh High Court

Land Acquisition Collector Hppwd & ... vs Sh. Madan Lal & Another on 28 November, 2025

                                                           ( 2025:HHC:40786 )




     IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                 RFA No. 52 of 2018
                                                 Reserved on: 21.11.2025




                                                                                  .
                                                 Decided on :28.11.2025





    Land Acquisition Collector HPPWD & others                                 ...Appellants.





                                       Versus
    Sh. Madan Lal & another                                          .....Respondents.




                                                      of
    Coram
    Hon'ble Mr. Justice Romesh Verma, Judge.
    Whether approved for reporting?1

    For the appellants:     rt         Mr. R.S.Verma, Additional Advocate
                                       General.
    For the respondents:               Mr. Rakesh Thakur, Advocate.

    Romesh Verma, Judge

The present appeal arises out of the award, passed by the

Additional District Judge-I, Solan, District-Solan, H.P. in

Reference Petition No. 6-NL/4 of 2011 camp at Nalagarh dated

05.10.2016, whereby, the Reference Petition preferred by the

claimants/respondents was allowed.

2. The facts of the case are that land of the

claimants/respondents was acquired by the State/appellants by

issuing Notification dated 25.07.2007 issued under Section 4(1)

of the Land Acquisition Act (for short Act) published in two daily

newspapers. The Notification under Sections 6 and 7 of the Act

was issued on 23.07.2008 and it was also published in HP

Whether reporters of Local Papers may be allowed to see the judgment?

2 ( 2025:HHC:40786 )

Rajpatra on 28.07.2008. The possession of the land was taken

by the HPPWD for the construction of Pinjore-Baddi-Nalagarh-

Swarghat Road-21 A.

3. The Land Acquisition Collector, HPPWD (South Zone)

Winter Field, Shimla passed award No. 5/2010 dated 05.04.2010

and the amount was ordered to be paid as per classification of

of the land in the following rates:-

Lehadi Barani : Rs. 14,48,128/- per bigha rt Tala Awal Barani :

Tala Doyam Barani:

Rs. 13,20,352/- per bigha

Rs. 5,32,400/- per bigha

Changer Awal Barani: Rs. 4,68,512/- per bigha

Changar Doyam Barani: Rs. 2,65,552/- per bigha

Banjar Kadem and gair mumkin: Rs. 1,70,368/- per bigha

4. The LAC awarded total compensation including solatium

and interest for land measuring 2-9-19 bighas amounting to Rs.

11,04,954/-and particularly to respondents it was Rs. 17,037/-.

5. Feeling aggrieved, the claimants/respondents preferred

Reference Petition No. 6-NL/4 of 2011 and vide its award dated

05.10.2016, the reference Court allowed the reference petition

and passed award by directing the State/appellant to pay the

enhanced market value of the acquired land of the

claimants/respondents for a sum of Rs. 15,00,000/- lakh per

bigha instead of what was assessed by the Land Acquisition

3 ( 2025:HHC:40786 )

Collector vide its award dated 05.04.2010 with costs of the

petition. Further it has been ordered that the claimants/

respondents shall also be entitled to all statutory benefits under

Section 23(1-A) of the Act and interest as under:-

(a) Compulsory acquisition charges (solatium) at the rate of 30% on the enhanced amount of market value.

of

(b) Additional compulsory acquisition charges under Section 23(1-A) of the Act at the rate of 12% per rt annum on the enhanced market value of the land from the date of notification under Section 4 of the

Act, i.e., 25.07.2007 till the date of award.

(c) Interest payable at the rate of 9% per annum for one year from the date of notification under Section 4

of the Act on the enhanced amount of compensation of the market value and on the amounts of column

Nos. 1 and 2.

(d) Thereafter till the date of deposit interest at the rate of 15% per annum on the enhanced rate of

market value and on the amounts of column Nos. 1 &

2.

6. Feeling aggrieved by the award, passed by the Reference

Court on 05.10.2016, the State has preferred the present appeal

challenging the award on various grounds.

7. It will be pertinent to mention here that out of the award,

which was passed by the reference Court on 5.10.2016, six

appeals were preferred by the State. These appeals were

4 ( 2025:HHC:40786 )

RFA No.50 of 2018, titled Land Acquisition Collector, H.P. PWD

South Zone, Winter Field, Shimla, H.P. & others Versus Shri Vikram

Singh & others, RFA No.51 of 2018, titled Land Acquisition

Collector, H.P. PWD South Zone, Winter Field, Shimla, H.P. &

others Versus Shri Naveen Kumar & another, RFA No.53 of 2018,

titled Land Acquisition Collector, H.P. PWD South Zone, Winter

Field, Shimla, H.P. & others Versus Shri Maghi, RFA No.54 of 2018,

of titled Land Acquisition Collector, H.P. PWD South Zone, Winter

Field, Shimla, H.P. & others Versus Shri Baldev Singh, RFA No.55 rt of 2018, titled Land Acquisition Collector, H.P. PWD South Zone,

Winter Field, Shimla, H.P. & others Versus Smt.Shanti Devi and

RFA No.56 of 2018, titled Land Acquisition Collector, H.P. PWD

South Zone, Winter Field, Shimla, H.P. & others Versus Shri Rattan

Lal & others.

8. The said appeals came up for consideration before this Court on

5th September, 2018 and the following order was passed:-

"3. It is not in dispute that appeal arising out of similarly situated claimants, as also very same

acquisition proceedings, arising out of very same notification under Section 4 of the Act, stands decided by this Court vide judgment dated 08.08.2018, passed in RFA No.26 of 2016, titled as Collector Land Acquisition, H.P.P.W.D., & others vs. Harbans Singh, alongwith other connected matters. The present appeals are squarely covered by the said decision, for the issues involved are identical. This fact is not disputed. As such, the present

5 ( 2025:HHC:40786 )

appeals stand disposed of, in terms of the 4 said judgment. Directions issued in Harbans Singh (supra) shall mutatis mutandis apply to the instant

.

cases also. Pending application(s), if any, also stand

disposed of accordingly."

9. Since the connected appeals arising out of the same award

dated 05.10.2016 were disposed off in terms of judgment dated

of 05.09.2018 and it has been pointed out by learned Additional Advocate

General that case is squarely covered by the said judgment and this fact

has been admitted by learned counsel for the respondents/claimants rt that the present appeal is squarely covered by the said decision and

the issues involved are identical, therefore, the present appeal is

disposed off, in terms of the judgment as passed by this Court in RFA

No. 50 of 2018, which was disposed off in view of the judgment passed

in RFA No. 26 of 2016, titled as Collector Land Acquisition, H.P.P.W.D.

& others vs. Harbans Singh decided on 08.08.2018. The directions as