JUDGMENT : RAJIV SHARMA, J. 1. Since these appeals arise from the common award dated 28.11.2006, all these were taken up together and are being disposed of by a common judgment. However, in order to maintain clarity, facts of RFA No. 27 of 2007 have been taken into consideration. 2. “Key facts” necessary for the adjudication of these regular first appeals are that the land of the respondents was acquired at Bajaura Mohal Fati-Hat, Mauja Bajaura, Tehsil and Distt. Kullu, H.P. for the purpose of construction of housing colony vide notification No. 16- (F)-6-8/1 dated 2.9.1999 under Section 4 of the Act. It was published in the official gazettee on 14.9.1999 and also published in local newspapers, namely, “Divya Himachal” and “Dainik Virpratap” on 21.10.1999 and wide publicity was also given. On 11.8.2000, notification under Sections 6 & 7 was made and it was published in the official gazettee on 21.8.2000. It was published in the daily edition of “Dainik Virpartap” and “Ajeet Samachar” on 14.9.2000. On 7.2.2002, notices were also issued by the Land Acquisition Collector to the claimants. 3. The Land Acquisition Collector assessed the acquired land as per the following rates: “(1) Classification of land Rate per Bighas 1. Ropa Abal Rs. 206060.00 2. Ropa Doam Rs. 145960.00 3. Bathal Abal Rs. 118060.00 xxx xxx xxx (2) Land under Acquisition with Classification (bighas) Cost per bigha Total Compensation 1. Bagichal Ropa 3-4-5 Rs. 206060.00 Rs. 6,61,697.00 2. Bagichal bathal 28-13-0 Rs. 118060.00 Rs. 33,82,419.00 3. Bathal abal 0-02-12 Rs. 118060.00 Rs. 15346.00 4. Bathal Doam 8-19-0 Rs. 88000.00 Rs. 7,87,600.00 5. Gair Mumkeen 4-0-0 Rs. 60100.00 Rs. 2,40,400.00 TOTAL Rs. 5087,732.00” 4. The claimants made reference to the learned Addl. District Judge (FTC), Kullu, bearing Nos. 111 of 2002, 112 of 2002 and 113 of 2002. These were decided by the learned Addl. District Judge (FTC), Kullu on 28.11.2006, by awarding sum of Rs. 3,60,000/- per bigha with statutory benefits. Hence, these appeals. 5. Mr. Bhupender Gupta, learned Sr. Advocate with Mr. Neeraj Gupta, Advocate, appearing for the appellants has vehemently argued that the Reference Court has committed grave error of law and acted with material illegality and irregularity in presuming the market value of the land as 18,000/- per biswa, on the date of acquisition. Hence, these appeals. 5. Mr. Bhupender Gupta, learned Sr. Advocate with Mr. Neeraj Gupta, Advocate, appearing for the appellants has vehemently argued that the Reference Court has committed grave error of law and acted with material illegality and irregularity in presuming the market value of the land as 18,000/- per biswa, on the date of acquisition. He then contended that awards vide Annexure PC and PE could not have been accepted to be true exemplar of prevalent market value of the land on the date of acquisition. He then contended that Ext. RW-2/A, RW-3/A and RW-4/A could not be ignored and the Reference Court has assessed the market value on irrelevant evidence. He lastly contended that the Reference Court could not give 10% appreciation every year. On the other hand, Mr. Satyen Vaidya, Sr. Advocate and Mr. B.C.Verma, Advocate, for the respective respondents have supported the award dated 28.11.2006. 6. I have heard learned Advocates for the parties and gone through the award and records of the case carefully. 7. PW-1 Mohd. Ali deposed that he has sold two biswas of land to Sunder Singh for a consideration of Rs. 40,000/- on 31.1.1992 vide Ext. PW-1/A. His land was situated at a distance of 100-150 yards from the acquired land. The acquired land abutted the national highway. The acquired land was of better quality vis-à-vis his land. His land and land of Dhani Ram, Bhungar, Ganga Ram etc. was also acquired by HPSEB for raising tower and for the construction of 132 KV Grid Sub-Station. The Land Acquisition Collector has awarded less compensation. The Court has awarded Rs.2,40,000/- per bigha to them. The department had filed appeal against the award made by the Reference Court to the High Court and the High Court has dismissed the same. Their land was acquired 10-11 years ago. In his cross-examination, he deposed that he has sold two biswas of land from Kh. No. 458. 8. PW-2 Tikhu Ram deposed that he has sold one biswa of land on 29.3.2001 to Kirtu for a consideration of Rs.50,000/- vide Ext. PW-2/A. His land was situated at a distance of 100 yards from the land of the claimants. The acquired land abuts the national highway. 9. No. 458. 8. PW-2 Tikhu Ram deposed that he has sold one biswa of land on 29.3.2001 to Kirtu for a consideration of Rs.50,000/- vide Ext. PW-2/A. His land was situated at a distance of 100 yards from the land of the claimants. The acquired land abuts the national highway. 9. PW-3 Jeet Ram deposed that Bhuntar Marketing Co-operative Society has sold 8 biswas of land on 24.1.1996 to H.P. State Handloom and Handicrafts Weavers Cooperative Society, Kullu for a sum of Rs.8,00,000/- vide Ext. PW-3/A. This land is situated at Bhuntar. The distance between Bhuntar and Bajoura is 5 kms. The land abutted Bhuntar bazaar. This land was purchased for commercial purposes. 10. PW-4 Inder Singh son of Palku Ram deposed that the Bhutti Weavers Society has purchased 4 biswas of land for a sum of Rs.4,00,000/- on 7.8.1997, vide Ext. PW-4/A. In his cross-examination, he admitted that the land was situated in Bhuntar on the side of national highway. He also admitted that Bhuntar is commercial centre. 11. PW-5 Inder Singh son of Jhambria, deposed that on 19.8.1999, he has sold three biswas of land for a sum of Rs. 61,000/- to Jaswant Kaur vide Ext. PW-5/A. This land was situated at a distance of half kilometer from the acquired land. In his crossexamination, he specifically deposed that this land also falls in Fati Bajaura and acquired land also falls in Fati Bajaura. 12. PW-6 Sher Singh deposed that his land is situated at Kothi. The land was acquired by H.P. Housing Board. The value of the land 4 years back was Rs. 1,00,000/- per biswa. The Land Acquisition Collector has awarded very less compensation to him. The value of the land appreciates every year. Bajaura town was expanding towards acquired land. The land abuts National Highway No. 21. Hotels, shops and houses situate near the acquired land. There is High School, Agriculture University, PWD Rest House and Indo- Italian Horticulture Project near the acquired land. He has raised orchard on the land. The award was not announced before them. He came to know about the award in the year 2002. The payment was accepted by them under protest. Their acquired land was near the land sold by Mohd. Ali. The land sold by Tikhu was at a distance of 100-200 yards. Their acquired land was of better quality. The land of Mohd. The award was not announced before them. He came to know about the award in the year 2002. The payment was accepted by them under protest. Their acquired land was near the land sold by Mohd. Ali. The land sold by Tikhu was at a distance of 100-200 yards. Their acquired land was of better quality. The land of Mohd. Ali, Dhani Ram, Bhungar, Ganga Ram etc. which was also acquired by HPSEB for raising tower and for the construction of 132 KV Grid Sub-Station, was situated at a short distance from their land. The Court has awarded them Rs. 2,40,000/- per bigha. The land which was acquired for the purpose of Kuhl by the I & PH Department was awarded Rs. 4,50,000/- per bigha by the Land Acquisition Collector. The Bhuntar Airport was at a distance of 2-3 km. from the acquired land. Suman Kumari and others were paid less compensation by the Land Acquisition Collector. They have made references to the Court and the Court has awarded Rs. 50,000/- per biswa to them as compensation. 13. PW-7 Teg Singh deposed that their land is situated near Bajaura bazaar. The land was acquired by the H.P. Housing Board and the value of the land 4 years back was Rs. 1,00,000/- per biswa and now-a-days, it was Rs. 2,00,000/- per biswa. The Bajaura town was extending towards their acquired land. The acquired land is suitable for construction of Hotel, shops and houses. There are Hotels, shops and houses situate near the acquired land. There is High School, Agriculture University, PWD Rest House and Indo- Italian Horticulture Project near the acquired land. He has raised the orchard on the acquired land. They came to know about the award on 24.7.2002. The land which was sold by Mohd. Ali to Sunder Singh was at a short distance from their land. The land of Mohd. Ali, Dhani Ram, Bhungar, Ganga Ram etc. which was also acquired by HPSEB for raising tower and for the construction of 132 KV Grid Sub-Station was at a distance of 200-300 yards from their land. The land which was acquired for the purpose of kuhl by the I & PH department was at a distance of 200 yards from their land. The Land Acquisition Collector has awarded Rs.4,50,000/- per bigha to Satish and others for acquiring land by H.P. Housing Board. 14. The land which was acquired for the purpose of kuhl by the I & PH department was at a distance of 200 yards from their land. The Land Acquisition Collector has awarded Rs.4,50,000/- per bigha to Satish and others for acquiring land by H.P. Housing Board. 14. PW-8 Dina Nath deposed that he was the owner-in-possession of the acquired land alongwith his mother. The proforma respondents are neither owner nor in possession of the suit land since the partition has taken place 50 years back. The land abuts the Bajaura bazaar and national highway. The value of the land 4 years back was 1,00,000/- per biswa. They have been awarded less compensation by the Land Acquisition Collector. The town was expanding towards their acquired land. There is School, Dispensary, Bank, Horticulture University etc. near the acquired land. He has kept this land for the construction of Hotel, Shops and Houses. No notice was issued to them at the time of award. The award was not made in their presence. The land of Mohd. Ali, Dhani Ram, Bhungar, Ganga Ram etc. was also acquired by HPSEB for raising tower and for the construction of 132 KV Grid Sub-Station. It is near their land and abuts NH-21. Mohd. Ali and others were also awarded less compensation. However, The Court has awarded them Rs. 2,40,000/- per bigha. The land acquired by I & PH department for the purpose of kuhl was situated at a distance of 200 yards from their land. The Land Acquisition Collector has awarded less compensation to them. However, the Court has awarded Rs. 2,40,000/- to these claimants. The Housing Board has acquired the land of Satish Kumar which is situated at a distance of 200-250 yards from their land and compensation of Rs. 4,50,000/- per bigha was awarded. 15. PW-9 Sita Devi deposed that the land measuring 4 biswas was sold on 7.3.1994 for consideration of Rs. 1,90,000/- vide Ext. PW-9/A. In her cross-examination, she admitted that this land is situated in village Kalhali. The distance between Bhuntar and Kalhali is 2 ½ km. However, Bajaura to Kalhali is nearer but not at a distance of 1 ½ km. 16. PW-10 Sher Singh deposed that H.P. Housing Board has taken the possession on 14.9.1999. Fruit bearing trees were planted on the acquired land. The trees were healthy. 17. The distance between Bhuntar and Kalhali is 2 ½ km. However, Bajaura to Kalhali is nearer but not at a distance of 1 ½ km. 16. PW-10 Sher Singh deposed that H.P. Housing Board has taken the possession on 14.9.1999. Fruit bearing trees were planted on the acquired land. The trees were healthy. 17. The claimants have also placed on record copy of award in reference No. 11 of 2001 Ext. PA, copy of award in reference No. 21 of 2002 Ext. PC, copy of award in reference No. 18 of 1999 Ext. PE, copy of award in reference No. 17 of 1999 Ext. PG, copy of award in reference No. 58 of 2002 Ext. PJ, copy of award No. 145 dated 30.12.1995 Ext. PK, copy of award No. 155 dated 28.2.1996 Ext. PL alongwith revenue record, including copy of awards/statements Ext. PZ-1 to PZ-10. 18. RW-1 Rita deposed that she has prepared map/lay out plan of Housing Board Colony vide Ext. RW-1/A. 60% of the land was used for residential and commercial purposes and 40% was carved out for reserved green, community hall, school, water tank, septic tank etc.. In her cross-examination, she admitted that the acquired land abuts the national highway. 19. RW-2 Banita deposed that she has sold land measuring 5 biswas on 20.7.1998 for a sum of Rs. 23.000/- vide RW-2/A. In her cross-examination, she admitted that the acquired land abuts national highway No. 21 and was also in near proximity of Bajaura bazaar. She also admitted that the land sold by her was at a distance of 4-5 Km. from the acquired land. It was “Banjar Kadim.” She also admitted that near the acquired land, there are hotels, shops, High School, Indo Italian Project. She also admitted that 4 years back, the value of one biswa of land was 1,00,000/-. 20. RW-3 Jai Singh deposed that he and Prem Singh sold 6 biswas of land for a sum of Rs. 16,500/- on 21.9.1998, vide Ext. RW-3/A. In his cross-examination, he admitted that the acquired land abuts the national highway. It was also in close proximity of Bajaura town. He also admitted that the acquired land is the most suitable land of the area. The land sold by him is at a distance of 2-3 km. from the acquired land. It was of lesser value. RW-3/A. In his cross-examination, he admitted that the acquired land abuts the national highway. It was also in close proximity of Bajaura town. He also admitted that the acquired land is the most suitable land of the area. The land sold by him is at a distance of 2-3 km. from the acquired land. It was of lesser value. He also admitted that the value of the acquired land was more. 21. RW-4 Jhabe Ram deposed that he has sold 14 biswas of land on 18.3.1999, for consideration of Rs. 25,000/- vide Ext. RW-4/A. In his cross-examination, he admitted that the land of Dina Nath and others was situated by the side of NH. The land sold by him was at a distance of 3-4 km. from the acquired land. The value of his land was less. The value of acquired land was more. He admitted that the value of acquired land was 1,00,000/- per biswa four years before. 22. RW-5 Chain Ram, Patwari has produced annual average Ext. RW-5/A. He also admitted that the acquired land abuts the NH. The Hotels, shops and houses situate near the acquired land. There is High School, Agriculture University, PWD Rest House and Indo-Italian Horticulture Project near the acquired land. It was near Bajaura market. The land of Satish Kumar was not near the NH. 23. RW-6 Narain Singh deposed that he has sold one bigha land situated in Fati Hat on 6.3.1999 for consideration of Rs. 35,000/-. In his cross-examination, he admitted that his land was situated at a distance of 4-5 km. from the acquired land. 24. RW-8 Ravinder Singh, in his cross-examination, admitted that the land of the claimants abuts national highway. He denied that Indo Italian Project, High School and shops were not in close proximity of the acquired land but volunteered that it was at a short distance. The acquired land was 400-500 meters from the Bajaura market. 25. RW-9 Upender Sharma has proved Ext. R-1, copy of award, R-2 copy of supplementary award, R-3 copy of sale deed and R-4 copy of sale deed. 26. RW-10 Amar Chand Sharma has proved RW-10/A and RW-10/B. 25. RW-11 Bhag Mal has proved supplementary award Ext. RW-11/A. 27. RW-12 Dinesh Kumar Sharma has made deposition about the manner in which the possession of the land was taken over. 28. 26. RW-10 Amar Chand Sharma has proved RW-10/A and RW-10/B. 25. RW-11 Bhag Mal has proved supplementary award Ext. RW-11/A. 27. RW-12 Dinesh Kumar Sharma has made deposition about the manner in which the possession of the land was taken over. 28. What emerges from the evidence discussed hereinabove is that the land of the claimants is situated at Fati Hat. It is near Bajaura town. Indo Italian Project, High School, Dispensary, shops and hotels are in close proximity of the acquired area. It abuts National Highway No. 21. Mohd. Ali and others were paid Rs. 2,40,000/- per bigha. The land of Mohd. Ali was inferior vis-à-vis the land of the claimants. One Satish Kumar was paid Rs. 4,50,000/- per bigha by the Housing Board for acquiring his land. 29. PW-1 Mohd. Ali has deposed that he has sold 2 biswas of land to Sunder Singh for a sum of Rs. 40,000/- vide Ext. PW-1/A. This land was situated only at a distance of 100-150 yards from the acquired land. PW-2 Tikhu Ram has though deposed that he has sold 1 biswa of land for 50,000/- but it was on 29.3.2001. The Reference Court has rightly not taken into consideration the statements while making assessment of the market value. PW-3 Jeet Ram has deposed that the Kullu Valley Regional Co-operative Marketing society has sold 8 biswas land to Bhuntar Marketing Co-operative Society on 24.1.1996 for consideration of Rs. 8,00,000/- vide Ext. PW-3/A. Similarly vide Ext. PW- 4/A, land measuring 4 biswas was slold for a sum of Rs.4,00,000/-. PW-5 Inder Singh has sold 3 biswas of land for Rs. 61,000/- to Jaswant Kaur vide Ext. PW-5/A. PW-6 Sher Singh has categorically deposed that the acquired land abuts National Highway No. 21. The place was most suitable for the construction of hotels, shops and houses. High School, Indo- Italian project and PWD Rest House are also situated near the acquired land. The statement of PW-6 Sher Singh has been corroborated by PW-7 Teg Singh. PW-8 Dina Nath is one of the claimants. He has also deposed that the acquired land was near National Highway. School, Dispensary, Horticulture University and Bank were situated near the acquired land. 30. Now, as far as the land sold vide Ext. PW-3/A and PW-4/A are concerned, these were at a distance of 5 km. from Bajaura. 31. Mr. Bhupender Gupta, Sr. He has also deposed that the acquired land was near National Highway. School, Dispensary, Horticulture University and Bank were situated near the acquired land. 30. Now, as far as the land sold vide Ext. PW-3/A and PW-4/A are concerned, these were at a distance of 5 km. from Bajaura. 31. Mr. Bhupender Gupta, Sr. Advocate, has drawn the attention of the Court to Ext. RW-1/A, RW-2/A, RW-3/A, RW-4/A, RW-5/A and RW-6/A. The fact of the matter is that the land sold vide these sale-deeds were at a distance of more than 4-5 kms. from the acquired land. The witnesses who have proved the sale deeds have categorically admitted that the land of the claimants abuts National highway and value of 1 biswa of land was RS. 1,00,000/-. The value of the acquired land was more vis-à-vis their land. Thus, these cannot be taken into consideration for assessment of the value of the land. The Reference Court has rightly relied upon sale deeds Ext. PW-1/A and PW-5/A, duly proved by PW-1 Mohd. Ali and PW-5 Inder Singh, respectively. 32. The sale deed Ext. PW-1/A was taken into consideration by the learned Addl. District Judge (FTC), Kullu in order to determine the market value of land acquired by I & PH Department for the construction of “kuhl” in Land Reference Petition No. 21/02. The copy of the award is Ext. PC. This was also tendered in this case whereby the value of per bigha of land in Fati Hat was Rs. 2,40,000/-. This assessment was made after deduction of 40% departmental charges. The land was also acquired, as discussed hereinabove, of Mohd. Ali and others for the construction of Sub-Station Grid and raising of tower by the HPSEB. The award of the Collector was agitated before the learned District Judge, Kullu by way of Reference petition No. 18 of 1999. The learned District Judge, Kullu, has passed award vide Ext. PE. He has assessed the market value of the land in this Fati at Rs. 2,40,000/- per bigha. The sale deed Ext. PW-1/A was also discussed in this award Ext. PE by the learned District Judge, Kullu. The market value of per bigha of the land was determined after deduction of 40% towards departmental charges. 33. The learned District Judge, Kullu has made another award Ext. 2,40,000/- per bigha. The sale deed Ext. PW-1/A was also discussed in this award Ext. PE by the learned District Judge, Kullu. The market value of per bigha of the land was determined after deduction of 40% towards departmental charges. 33. The learned District Judge, Kullu has made another award Ext. PG in respect of land acquired in Fati Hat for the purpose of construction of Transmission Line in Ref. petition No. 17 of 1999. He has assessed a sum of Rs. 2,40,000/- per bigha after deducting 40% of departmental charges. The award Ext. PE was affirmed by this Court in RFA No. 58 of 2002 decided on 30.4.2002 vide Ext. PJ. The learned Addl. District Judge (FTC), Kullu, in the instant case, has rightly come to the conclusion that the market value of the land acquired was 18,000/- per biswa. The land under acquisition and the land concerning the award, as discussed hereinabove, are similarly situated. The potentiality was also the same or similar. The learned Addl. District Judge (FTC), Kullu, after taking into consideration the trend of land prices, has rightly given 10% appreciation in the market value of the land for the subsequent years by awarding Rs. 18,000/- per biswa and per bigha rate was assessed at Rs. 3,60,000/-. The learned Addl. District Judge (FTC), Kullu, has correctly awarded solatium @ 30% along with statutory benefits to the claimants. The learned Addl. District Judge (FTC), Kullu, has correctly relied upon the award as well as sale deeds produced by the claimants while making the award. The sale deeds Ext. RW-2/A, RW-3/A and RW-5/A have rightly not been taken into consideration by the learned Addl. District Judge (FTC), Kullu. 34. Mr. Satyen Vaidya, learned Sr. Advocate, has brought to the notice of this Court the order dated 15.10.2009 rendered in CMP Nos. 866 & 867 of 2008. He submitted that the decree has been passed in favour of his clients on 9.1.2015 in Civil Suit No. 19/09 and 29/11, titled as Jaya Devi & others Vrs. Dina Nath & others. Accordingly, they shall be entitled to compensation as per their shares in terms of decree dated 9.1.2015, in RFA No. 27 of 2007. 35. Consequently, there is no merit in these appeals and the same are dismissed, so also the pending application (s), if any.