Of vs Rt on 28 July, 2026

    0
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    ADVERTISEMENT

    Himachal Pradesh High Court

    Of vs Rt on 28 July, 2026

    Author: Sushil Kukreja

    Bench: Sushil Kukreja

                                  1                       ( 2026:HHC:31010 )
    
          IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
                                      RFA No.221 of 2014 a/w RFAs
    
    
    
    
                                                              .
                                   No.209 to 214, 216 & 364 of 2014
    
    
    
    
    
                                          Reserved on : 25.06.2026
                                       Date of Decision :.28.07.2026
                          Date of uploading on Website: 28.07.2026
    
    
    
    
    
    _________________________________________________________
    1. RFA No.221 of 2014
    Ashok Kumar and others
    
    
    
    
                                           of
                                                             ....Appellants
                                  Versus
    
    Land Acquisition Collector, SJVNL
                         rt                        ...Respondent
    __________________________________________________________
    2. RFA No.209 of 2014
    
    Fakir Chand and others
                                                             ....Appellants
                                  Versus
    
    
    
    Land Acquisition Collector, SJVNL
                                                   ...Respondent
    __________________________________________________________
    
    
    
    
    3. RFA No.210 of 2014
    Om Prakash and another
    
    
    
    
    
                                                   ....Appellants
                              Versus
    
    
    
    
    
    Land Acquisition Collector, SJVNL
                                                   ...Respondent
    __________________________________________________________
    4. RFA No.211 of 2014
    Sisla Devi
                                                    ....Appellant
                              Versus
    
    Land Acquisition Collector, SJVNL
                                                   ...Respondent
    __________________________________________________________
    
    
    
    
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    5. RFA No.212 of 2014
    Tikkam Ram and others
    
    
    
    
                                                                  .
                                                                 ....Appellants
    
    
    
    
    
                                  Versus
    
    Land Acquisition Collector, SJVNL
    
    
    
    
    
                                                   ...Respondent
    __________________________________________________________
    6. RFA No.213 of 2014
    
    
    
    
                                            of
    Bakshi Ram and others
                                                                 ....Appellants
                                   Versus
    Land Acquisition Collector, SJVNL
                          rt                       ...Respondent
    __________________________________________________________
    7. RFA No.214 of 2014
    
    Pretam Chand and others
                                                   ....Appellants
                              Versus
    
    
    
    Land Acquisition Collector, SJVNL
                                                   ...Respondent
    __________________________________________________________
    
    
    
    
    8. RFA No.216 of 2014
    Ashish and others
    
    
    
    
    
                                                                 ....Appellants
                                  Versus
    
    
    
    
    
    Land Acquisition Collector, SJVNL
    
                                                  ...Respondents
    __________________________________________________________
    9. RFA No.364 of 2014
    Kanwar Singh and another
                                                                 ....Appellants
                                        Versus
    Land Acquisition Collector, SJVNL
                                                   ...Respondent
    __________________________________________________________
    
    
    
    
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    Coram
    Hon'ble Mr. Justice Sushil Kukreja, Judge
    

    .

    Whether approved for reporting?1

    SPONSORED

    __________________________________________________
    For the appellant(s) : Ms. Ritta Goswami, Senior Advocate, with
    Ms. Komal Chaudhary and Ms. Rekha

    Thakur, Advocates, for the appellants.
    For the respondent(s):Ms. Devyani Sharma, Senior Advocate,

    of
    with Mr. Shivam Sharma, Advocate, in all
    the appeals.

    _____________________________________________________
    Sushil Kukreja, Judge rt
    Since all these appeals are the off-shoots of common

    award dated 12.09.2013, passed by the learned District Judge,

    Kinnaur Civil Division at Rampur Bushahr, District Shimla, HP

    (hereinafter referred to as the Reference Court), hence, they are

    taken up together and being disposed of by a common judgment.

    2. The appellants-petitioners (hereinafter referred to as the

    petitioners) preferred the instant appeals under Section 54 of the

    Land Acquisition Act, 1894 (for short, ‘the Act’) against the

    impugned common award dated 12.09.2013, passed by the learned

    Reference Court, whereby the Reference Petitions filed by them

    under Section 18 of the Act for enhancement of the amount of

    compensation were dismissed.

    1.
    Whether reporters of Local Papers may be allowed to see the judgment?

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    3. Briefly stated that case of the case are that the

    .

    Government of Himachal Pradesh had issued notification dated

    02.08.2005, under Section 4 of the Act for acquisition of land for the

    construction of Rampur Hydro Electric Project of Satlut Jal Vidyut

    Nigam Limited (SJVNL) in Village Phati Gadej, Tehsil Nirmand,

    of
    District Kullu, HP, which was published in the official gazette on

    20.08.2005 and in two newspapers, i.e. ‘Amar Ujala’ and the
    rt
    ‘Hindustan Times’ on 26.08.2005 and subsequent corrigendum

    thereon dated 10.03.2006. No objections were received regarding

    acquisition of the land and consequently notification under Sections

    6 and 7 of the Act was also issued on 20.01.2006, which was

    published in the official gazette on 11.02.2006 and in the

    newspapers, i.e. ‘Amar Ujala’ & ‘Divya Himachal’ on 28.02.2006.

    After detailed inquiry, the Land Acquisition Collector had assessed

    the market value of the acquired land at a flat rate of Rs.4,41,172/-

    per bigha, irrespective of the classifications of land.

    4. The petitioners, feeling aggrieved and dissatisfied with

    the said award, preferred reference petitions under Section 18 of

    the Act with the prayer that the matters be referred to the learned

    District Judge, Kullu, HP for enhancement of the amount of

    compensation.

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    5. The learned Reference Court, vide common award

    .

    dated 12.09.2013, dismissed all the reference petitions. Again

    feeling dissatisfied/aggrieved, the petitioners (appellants herein)

    preferred the instant appeals, with the prayer that the impugned

    award dated 12.09.2013 be quashed and set aside and the same

    of
    compensation may be awarded in their favour as has been

    awarded for the other land, acquired for the similar purpose, i.e. at
    rt
    a higher rate of Rs.4,49,874/- per bigha.

    6. Learned Senior Counsel for the appellant(s) contended

    that the impugned award is illegal and without any application of

    mind as the similar land of other right holders, acquired for the

    common purpose, has been awarded compensation at a higher

    rate of Rs.4,49,874/-. In support of her contentions, she also

    placed reliance upon Jaiprakash (dead) by Legal

    Representatives and others Vs. State of Uttar Pradesh and

    another, 2020 (11) SCC 770, State of Himachal Pradesh and

    others Vs. Hukmi Ram and others, 2015 (1) Sim LC 318,

    Union of India Vs. Harinder Pal Singh and others, 2005 (12)

    SCC 564 and Rama Nand Vs. State of HP and another, 2016

    (Suppl.) Him. L.R. 3145.

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    7. On the other hand, learned Senior Counsel for the

    .

    respondents-SJVNL supported the impugned award passed by

    the learned Reference Court and prayed for dismissal of the

    appeals.

    8. I have heard the learned Senior Counsel for the

    of
    appellant(s) as well as the learned Senior Counsel for the

    respondent(s)-SJVNL and have also carefully gone through the
    rt
    records.

    9. As per the settled principle of law, compensation for

    the land acquired has to be determined at market value. Market

    value is the price that a willing purchaser would pay to a willing

    seller for the property having due regard to its existing condition

    with all its existing advantages and its potential possibilities when

    led out in most advantageous manner excluding any advantage

    due to carrying out of the scheme for which the property is

    compulsorily acquired. The determination of market value is the

    prediction of an economic event viz. a price outcome of

    hypothetical sale expressed in terms of probabilities. For

    ascertaining the market value of the land, the potentiality of the

    acquired land should also be taken into consideration.

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    Potentiality means capacity or possibility for changing or

    .

    developing into state of actuality.

    10. In Mehta Ravindrarai Ajitrai (deceased) through

    his heirs and LRs & others vs. State of Gujarat, (1989) 4 SCC

    250, the Hon’ble Supreme Court held that the market value of a

    of
    property for the purpose of Section 23 of the Act is the price at

    which the property changes hands from a willing seller to a
    rt
    willing purchaser, but not too anxious a buyer, dealing at arms

    length. The relevant portion of the aforesaid judgment reads as

    under:

    “4. ……….The market value of a piece of property for
    purpose of Section 23 of the Land Acquisition Act is stated
    to be the price at which the property changes hands from a

    willing seller to a willing, but not too anxious a buyer,
    dealing at arms length. Prices fetched for similar lands with
    similar advantages and potentialities under bona fide

    transactions of sale at or about the time of the preliminary
    notification are the usual and, indeed the best, evidences
    of market value.”

    11. In Atma Singh & others vs. State of Haryana &

    another, (2008) 2 SCC 568, the Hon’ble Supreme Court held

    that the market value is the price that a willing purchaser would

    pay to a willing seller for the property having due regard to its

    existing conditions with all its existing advantages and its

    potential possibilities when led out in most advantages manner,

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    excluding any advantage due to carrying out of the scheme for

    .

    which the property is compulsorily acquired. In considering

    market value, disinclination of the vendor to part with his land

    and the urgent necessity of the purchaser to buy should be

    disregarded. The question whether a land has potential value or

    of
    not, is primarily one of the facts depending upon its condition,

    situation, user to which it is put or is reasonably capable of being
    rt
    put and proximity to residential, commercial or industrial areas or

    institutions. The existing amenities like, water, electricity,

    possibility of their further extension, whether near about town is

    developing or has prospect of development have to be taken into

    consideration. The relevant portion of the aforesaid judgment

    reads as under:

    “4. ……The expression “market value” has been the
    subject-matter of consideration by this Court in several

    cases. The market value is the price that a willing purchaser
    would pay to a willing seller for the property having due
    regard to its existing condition with all its existing
    advantages and its potential possibilities when led out in
    most advantageous manner excluding any advantage due
    to carrying out of the scheme for which the property is
    compulsorily acquired. In considering market value
    disinclination of the vendor to part with his land and the
    urgent necessity of the purchaser to buy should be
    disregarded. The guiding star would be the conduct of
    hypothetical willing vendor who would offer the land and a
    purchaser in normal human conduct would be willing to buy
    as a prudent purchaser in normal human conduct would be
    willing to buy as a prudent man in normal market conditions

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    but not an anxious dealing at arm’s length nor façade of
    sale nor fictitious sale brought about in quick succession or
    otherwise to inflate the market value.

    .

    5. For ascertaining the market value of the land, the
    potentiality of the acquired land should also be taken into
    consideration. Potentiality means capacity or possibility for
    changing or developing into state of actuality. It is well

    settled that market value of a property has to be determined
    having due regard to its existing condition with all its existing
    advantages and its potential possibility when led out in its

    of
    most advantageous manner. The question whether a land
    has potential value or not, is primarily one of fact depending
    upon its condition, situation, user to which it is put or is
    reasonably capable of being put and proximity to residential,
    commercial or industrial areas or institutions. The existing
    rt
    amenities like water, electricity, possibility of their further
    extension, whether near about town is developing or has
    prospect of development have to be taken into

    consideration.”

    12. For ascertaining market value of the acquired land,

    the Court can no doubt rely upon such sale transactions, which

    would offer a reasonable basis to fix the price, for which purpose,

    a sale transaction relating to a smaller parcel of land can be

    considered for the purpose of assessing the market value in

    respect of a large tract of land, after making appropriate

    deductions such as for development of land, for providing space

    for roads, sewers, drains, expenses involved in formation of a

    layout, lump- sum payments, as well as for the waiting period

    required for selling the sites that would be formed and other

    expenses involved therein, but before doing so, the evidentiary

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    value of such a sale deed is required to be carefully scrutinized.

    .

    As held in the case of Land Acquisition Officer vs. Nookala

    Rajamallu reported as (2003) 12 SCC 334, in order to adopt the

    price reflected in the sale deed, the following conditions are

    required to be met:-

    of
    “9.It can be broadly stated that the element of speculation
    is reduced to a minimum if the underlying principles of
    fixation of market value with reference to comparable sales
    are made: rt

    (i) when sale is within a reasonable time of the date of
    notification under Section 4(1);

    (ii) it should be a bona fide transaction;

    (iii)it should be of the land acquired or of the land adjacent
    to the land acquired; and

    (iv) it should possess similar advantages.

    10. It is only when these factors are present, it can merit
    a consideration as a comparable case.”

    13. In Union of India vs. Pramod Gupta (dead) by LRs

    & others, 2005 (12) SCC 1, the Hon’ble Supreme Court held that

    the best method, as is well-known, would be the amount which a

    willing purchaser would pay to the owner of the land. In the

    absence of any direct evidence, the Court, however, may take

    recourse to various other known methods. Evidence admissible

    therefor inter alia would be the sale deeds, judgments and

    awards passed in respect of acquisitions of lands made in the

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    same village and/or neighboring villages. Such a judgment/award

    .

    in the absence of any other evidence like deed of sale, report of

    the expert and other relevant evidence would have only

    evidentiary value. The relevant portion of the aforesaid judgment

    reads as under:-

    of
    “24 While determining the amount of compensation
    payable in respect of the lands acquired by the State, the
    market value therefor indisputably has to be ascertained.

    There exist different modes therefor.

    rt

    25. The best method, as is well known, would be the
    amount which a willing purchaser would pay to the owner of

    the land. In absence of any direct evidence, the court,
    however, may take recourse to various other known
    methods. Evidences admissible therefor inter alia would be
    judgments and awards passed in respect of acquisitions of

    lands made in the same village and/or neighboring villages.
    Such a judgment and award, in the absence of any other
    evidence like the deed of sale, report of the expert and
    other relevant evidence would have only evidentiary value.”

    14. The onus is upon the petitioners/claimants to prove

    the true and correct market value of the land at the time of the

    issuance of the notification under Section 4 of the Act. They are

    expected to lead cogent and satisfactory evidence in support of

    their claim. In Special Land Acquisition Officer vs. Karigowda

    & others, (2010) 5 SCC 708, it has been held that the onus to

    prove entitlement to receive higher compensation is upon the

    claimants but it cannot be said that there is no onus whatsoever

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    upon the State in such reference proceedings. The court cannot

    .

    lose sight of the facts and clear position of documents, that

    obligation to pay fair compensation is on the State in its absolute

    terms. The relevant portion of the aforesaid judgment reads as

    under:

    of
    “29. It is a settled principle of law that the onus to prove
    entitlement to receive higher compensation is upon the
    claimants. In Basant Kumar v. Union of India [(1996) 11
    SCC 542] this Court held that the claimants are expected
    rt
    to lead cogent and proper evidence in support of their
    claim. Onus primarily is on the claimants, which they can
    discharge while placing and proving on record sale

    instances and/or such other evidences as they deem
    proper, keeping in mind the method of computation for
    awarding of compensation which they rely upon. In this
    very case, this Court stated the principles of awarding

    compensation and placed the matter beyond ambiguity,
    while also capsulating the factors regulating the discretion
    of the Court while awarding the compensation. This
    principle was reiterated by this Court even in Gafar v.

    Moradabad Development Authority [(2007) 7 SCC 614]
    and the Court held as under: (SCC p.620, para 12)

    “12. As held by this Court in various decisions, the
    burden is on the claimants to establish that the
    amounts awarded to them by the Land Acquisition

    Officer are inadequate and that they are entitled to
    more. That burden had to be discharged by the
    claimants and only if the initial burden in that behalf
    was discharged, the burden shifted to the State to
    justify the award.”

    Thus, the onus being primarily upon the claimants, they are
    expected to lead evidence to revert the same, if they so
    desire. In other words, it cannot be said that there is no
    onus whatsoever upon the State in such reference
    proceedings. The court cannot lose sight of the facts and
    clear position of documents, that obligation to pay fair
    compensation is on the State in its absolute terms. Every
    case has to be examined on its own facts and the courts

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    are expected to scrutinise the evidence led by the parties in
    such proceedings.”

    .

    15. In order to prove their case for enhancement of

    compensation, the petitioners have examined PW-1 Tikkam Ram

    and PW-2 Lal Chand and in all the respective petitions, they have

    also Individually stepped in the witness box. Whereas, in order to

    of
    rebut their case, the respondent-LAC examined RW-1 Chiranji Lal,

    Kanungo, who had produced on record copy of award No.6/2005
    rt
    and some other documents, which are Ext. RW-1/A to Ext.RW-1/M.

    16. Learned Senior Counsel for the appellants vehemently

    contended that the lands of the petitioners as well as other right

    holders of revenue villages Nirmand and Bayal were acquired by

    the respondents for the construction of same hydro electric project,

    therefore, the classification and nature of the lands situated in these

    different revenue villages, were not relevant and the petitioners

    should have been granted compensation @ Rs.4,49,874/- per

    bigha as was awarded to the land owners of revenue village

    Nirmand.

    17. Admittedly, the acquired land is situated at village Phati

    Gadej, Tehsil Nirmand, District Kullu. The petitioners have failed to

    produce any sale transaction with respect to the revenue village

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    Phati Gadej. As per the petitioners, the acquired land was

    .

    adjoining to the land, which was acquired by the Government for

    the establishment of military base and for this reason, it has great

    commercial potentiality. However, the learned Reference Court

    has rightly held that mere fact that the acquired land is close to the

    of
    military base, is not indicative of the fact that the market value of

    the acquired land was Rs.8 lacs per bigha on the date of
    rt
    notification under Section 4 of the Act. On the contrary, the

    statement of PW-1-Tikkam Ram goes to show that the owners of

    that land, on which military base has been established, were

    awarded compensation at the rate of Rs.65,000/- per bigha only.

    18. There is no dispute about the proposition that when the

    purpose of acquisition of the land is same, the classification of the

    land loses its significance and the right holders can claim

    compensation at flat rates, irrespective of its classification.

    However,in the case on hand, the learned Reference Court has

    rightly held that this principle can be applied only in respect of lands

    situated in one revenue village. Therefore, the judgments cited by

    the learned Senior Counsel for the appellants are not applicable to

    the facts of the present case(s).

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    19. The appellants, in the instant appeals, have also filed

    .

    application(s) under Order 41, Rule 27 of CPC for placing on record

    copy of the Jamabandis of the land situated in villages Bayal and

    Koyal (Phati Gadej), copy of award dated 23.09.2006, passed by

    the Land Acquisition Collector with regard to the land situated in

    of
    Village Bayal as well as copy of award dated 30.10.2006, passed

    by the Land Acquisition Collector, with respect to Village Koyal
    rt
    (Phati Gadej) on the ground that they could not produce these

    documents before the reference Court despite due diligence and

    these are necessary for the proper adjudication of the case as well

    as for pronounce of the judgment.

    20. In Gobind Singh and others Vs. Union of India,

    (2026) 4 SCC 130, the Hon’ble Supreme Court has held that the

    parties do not possess any vested or automatic right to seek

    admission of additional evidence at the appellate stage and

    additional evidence can be permitted only upon being satisfied that

    the conditions expressly stipulated under Order XLI, Rule 27 of

    CPC are fulfilled. The relevant portion of the aforesaid judgment

    reads as under:-

    “19. In order to properly appreciate the controversy
    involved, it is necessary to first advert to the statutory

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    provision applicable to the case at hand. Order XLI, Rule 27
    of CPC
    reads as follows: –

    “27. Production of additional evidence in Appellate

    .

    Court.- (1) The parties to an appeal shall not be entitled

    to produce additional evidence, whether oral or
    documentary, in the Appellate Court. But if –

    (a) … … …

    (aa) the party seeking to produce additional evidence,
    establishes that notwithstanding the exercise of due
    diligence, such evidence was not within his knowledge or

    of
    could not, after the exercise of due diligence, be
    produced by him at the time when the decree appealed
    against was passed, or

    (b) … … ….

    rt
    the Appellate Court may allow such evidence or document
    to be produced, or witness to be examined.

    (2) Wherever additional evidence is allowed to be
    produced by an Appellate Court, the Court shall record the
    reason for its admission.” (emphasis supplied)

    20. Rule 27, being couched in negative terms, makes it

    abundantly clear that parties to an appeal are not entitled to
    adduce additional evidence, whether oral or documentary,
    save and except in the circumstances expressly
    enumerated therein. The provision contemplates only three

    eventualities in which additional evidence may be permitted:

    first, where the court which passed the decree has refused
    to admit evidence which ought to have been admitted;

    second, where the party seeking to adduce such evidence
    establishes that, notwithstanding the exercise of due
    diligence, the evidence was not within its knowledge or

    could not have been produced at the time when the decree
    under appeal was passed; and third, where the appellate
    court itself requires any document to be produced or any
    witness to be examined in order to enable it to pronounce
    judgment or for any other substantial cause.

    22. Thus, a holistic reading of the aforesaid decision
    makes it clear that the appellate court’s inquiry, while
    considering an application for leading additional evidence, is
    confined to examining whether such evidence is necessary
    to remove a lacuna in the case. More importantly, the
    appellate court may permit additional evidence only upon
    being satisfied that the conditions expressly stipulated under
    Order XLI, Rule 27 of CPC are fulfilled. The parties do not
    possess any vested or automatic right to seek admission of

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    additional evidence at the appellate stage. Consequently,
    the provision has no application where the appellate court
    is in a position to render a satisfactory and reasoned

    .

    judgment on the basis of the evidence already available on

    record.”

    21. In the instant case, in the opinion of this Court, the

    applications filed by the appellants, do not satisfy the requirements

    of the provisions of Order XLI, Rule 27, CPC. The documents

    of
    sought to be produced on record are neither relevant nor

    necessary for the purpose of adjudication of the real controversy
    rt
    between the parties. As observed earlier, the award pertaining to

    the different revenue village cannot be made basis for assessing

    compensation in the present case and the learned Reference Court

    has rightly held that the market value of the land situated in two

    different villages is always different and, as such, the right holders

    of one revenue village cannot clam parity with the right holders of

    the land situated in other revenue village.

    22. To take this view, I am supported with the judgment of

    the Hon’ble Supreme Court in Horrmal (deceased) through his

    LRs and others Vs. State of Haryana and others, 2024 SCC

    Online SC 2990, the Hon’ble Supreme Court has held that in the

    ordinary course, sale exemplars of lands located in the

    surrounding villages should generally not be relied upon, as land

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    valuation may vary significantly by locality. The relevant para of

    .

    the aforesaid judgment reads as under:-

    “24.. Apart from these sale deeds that were not
    proximate temporally, we also deem it appropriate to

    exclude the sale deeds that are not comparable
    geographically. It is now a firmly entrenched principle of law
    that, in the ordinary course, sale exemplars of lands located
    in the surrounding villages should generally not be relied

    of
    upon, as land valuation may vary significantly by locality. In
    the landmark decision of Kanwar Singh vs. Union of India,
    this Court held that sale exemplars of lands situated in an
    adjacent village cannot be used to determine the market
    rt
    value of the acquired land since such lands may differ in
    terms of quality and other attributes. On this ground, the

    sale deeds enumerated Ex. R8 to Ex. R16 and Ex. R18
    shall also have to be excluded from consideration, as they
    pertain to a different village, namely Gwarka, whereas the
    acquired land is situated in village Tauru.”

    23. Therefore, in view of the aforesaid decision of the

    Hon’ble Supreme Court in Horrmal’s case, the right holders of

    one revenue village cannot claim parity with the right holders of the

    lands situated in other revenue village. Admittedly, the lands of the

    petitioners were situated in revenue village Gadej and uniform

    compensation at flat rates has been awarded, irrespective of their

    classification. Though, the right holders of village Nirmand have

    been awarded compensation at the rate of Rs.4,49,874/- per bigha,

    yet that rate cannot be granted to the petitioners, who are the right

    holders of different revenue village.

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    24. Hence, in view of the above, no interference is required

    .

    in the impugned common award dated 12.09.2013, passed by the

    learned District Judge, Kinnaur, Civil division at Rampur Bushahr,

    District Shimla, HP. Consequently, the instant appeals, being

    devoid of merits, deserve dismissal and are accordingly dismissed.

    of
    Pending application(s), if any, shall also stand disposed

    of.

                                 rt                           (Sushil Kukreja)
    July 28, 2026                                              Judge
    
          (V.Himalvi)
    
    
    
    
    
    
    
    
                                                         ::: Downloaded on - 28/07/2026 20:34:38 :::CIS
     



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