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2018 DIGILAW 1174 (HP)

General Manager, Northern Railway v. Veena

2018-06-27

VIVEK SINGH THAKUR

body2018
JUDGMENT : VIVEK SINGH THAKUR J. 1. These appeals involved common question of law and fact, have been taken together for bearing and being decided accordingly. 2. These appeals have been preferred by beneficiary appellant i.e. Northern Railway, New Delhi against common award passed in reference petitions decided on 1.6.2011 by learned Additional District Judge, Una under Section 18 of Land Acquisition Act (herein after referred to as the Act in short). 3. Land, in all these cases situated in Village Takka, Tehsil and District Una, was acquired for public purpose i.e. for construction of railway line from Nangal to Talwara. Notification under Section 4 of the Act was issued on 21.3.1998 which was followed by notification dated 18.11.1998 issued under Section 6 of the Act, where after completing the process as prescribed, Land Acquisition Collector had announced the award on 17.6.2011 under Section 11 of the Act by awarding following compensation on the basis of classification of land:- Sr. No. Kind Of Land Price Per Kanal As Per Parta 1 Aabi Rs.21,937.50/- 2 Chahi - 3 Do Fasli Awal Rs.17437.50 3:00 AM Ek Fasli Abbal & Do Fasli Doyam - 4 Ek Fasli Doyam - 5 Banzar Kadim & Jadid Rs.1125.00 6 Kharkana Rs.1125.00 7 Gair Mumkin Abadi - 8 Other Gair Mumkin Rs.1125.00 4. After considering the evidence on record, learned Additional District Judge had relied upon another award Ex. P-2 passed on 31.5.2010 by learned Additional District Judge (Fast Track Court), Una in LAC Petition No. 9/05(RBT No. 51/05/05) titled as Ram Dass Vs. L.A.C. and another, wherein for the land acquired for construction of Nangal to Talwara railway line in the same village, value of land for awarding compensation was determined for Rs. 50,000/- per Kanal, irrespective of classification of the land under acquisition along with other statutory benefits. 5. It is fairly submitted by learned counsel for the parties that appeal preferred by the beneficiary Northern Railway being RFA No. 359 of 2010 titled General Manager, Northern Railway, New Delhi Vs. Ram Dass (since deceased through his LRs.) and another arising out of LAC Petition No. 9/05 (RBT No. 51/05/05) titled Ram Dass Vs. LAC, has been dismissed by a co-ordinate Bench of this Court on 19.11.2014 and the value of land as determined by learned Additional District Judge (Fast Track Court) Una in that case i.e. at the rate of Rs. LAC, has been dismissed by a co-ordinate Bench of this Court on 19.11.2014 and the value of land as determined by learned Additional District Judge (Fast Track Court) Una in that case i.e. at the rate of Rs. 50,000/- per kanal, irrespective of classification of the land, has been maintained. It is also informed that this judgment in RFA No. 359 of 2010 affirming award Ex. P-2 has attained finality. 6. From perusal of Ex. P-2, it emerges that in that case also, like present case, notification under Section 4 of the Act was issued on 21.3.1998 for acquisition of land in the same village i.e. village Takka for the same public purpose i.e. for construction of railway line from Nangal to Talwara, which was followed by notification dated 18.11.1998 issued under Section 6 of the Act and Land Acquisition Collector vide award dated 17.6.2000 passed under Section 11 of the Act had awarded the same compensation as was awarded in the present case, which reads as under:- "Sr. No. Kind of land Cost per kanal. 1 Chahi 21937.5 2 Do Fasli Abbal 17437.5 3 Ek Fasli Abbal & Do Fasli Doam - 4 Ek Fasli Doam - 5 Banjar Kadim Jadid 1125 6 Kharkana 1125 7 Gair Mumkin Abadi - 8 Other Gair Mumkin 1125.00" 7. Not only dates of issuance of notification under Section 4 and 6 of the Act are identical, but date of passing of award under Section 11 and the value of acquired land determined therein is identical in present case as in award Ex. P-2. Therefore, it is fairly admitted by learned counsel for parties that present case is squarely covered by the judgment passed by co-ordinate Bench of this Court in RFA No. 359 of 2010 General Manager, Northern Railway, New Delhi Vs. Ram Dass (since deceased through his LRs.) and another, in which the award passed by learned Additional District Judge (Fast Track Court), Una, (Ex. P-2), awarding value of land at the rate of Rs.50,000/- per kanal, has attained finality. 8. Award Ex. P-2 was relied upon by land owners, is the basis of value of land determined in present appeals. Therefore, cross-objections preferred for awarding compensation higher than that are not maintained, more particularly when no specific piece of evidence, which would have been taken in consideration, has been pointed out to have been ignored by learned Additional District Judge. Award Ex. P-2 was relied upon by land owners, is the basis of value of land determined in present appeals. Therefore, cross-objections preferred for awarding compensation higher than that are not maintained, more particularly when no specific piece of evidence, which would have been taken in consideration, has been pointed out to have been ignored by learned Additional District Judge. Learned Additional District Judge has not committed any illegality or perversity in relying upon award Ex. P-2 for determining compensation. 9. In view of above, present appeals as well as cross objections filed by respondents-claimants are dismissed with observation that the judgment passed in RFA No. 359 of 2010 General Manager, Northern Railway, New Delhi Vs. Ram Dass (since deceased through LRs.) and another shall be applicable in present case mutatis mutandi for all intents and purposes. No order to costs. Record be sent back.