(1.) Challenge to the impugned Award dated 26.12.2012, passed by learned District Judge, Kinnaur Civil Division at Rampur Bushahr, in Land Reference Petition No. 68 of 2006, titled as Shamsher Singh & others vs. H.P.S.E.B. through its Secretary, Shimla & others, is led on the ground that the Court Below could not have awarded solatium @ 30% on the additional compensation so awarded under Section 23 (1A) of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act').
(2.) Undisputedly claimants' land situate in village Ganvi, Tehsil Rampur, Distt. Shimla, H.P. came to be acquired for public purpose namely construction of Ganvi Hydro Electric Project (Stage-II). Acquisition proceedings commenced with the publication of notification issued under Section 4 of the Act on 19.4.2003. The Collector Land acquisition passed his award on 12.9.2005. It is a matter of record that market value of the acquired land came to be determined @ Rs. 1,65,400/- per hectare. Finding the compensation to be inadequate the land owners filed petitions under Section 18 of the Act. Based on the previous awards passed by the Collector, with regard to the land acquired in the very same village for the very same public purpose, the Court below re-determined the market value of the acquired land by enhancing the amount to Rs. 64.31 per centare.
(3.) It is not in dispute that the claimants have accepted such findings. The grievance made by the beneficiary, to a limited extent, is only qua the grant of solatium @ 30% on the additional compensation as referred to supra.