Land Acquisition Collector, H. P. Housing and Urban Development Authority v. Dharam Singh (since deceased) through his legal representatives
2018-11-16
VIVEK SINGH THAKUR
body2018
DigiLaw.ai
JUDGMENT : VIVEK SINGH THAKUR, J. 1. This appeal is arising out of the common award dated 22.10.2010, passed by the learned District Judge, Una (H.P.), in various Reference Petitions preferred by the land owners, seeking enhancement of the amount of compensation awarded by the Land Acquisition Collector vide award No.1 of 2006, dated 31.3.2006. 2. The Project proponent have preferred appeals against the enhancement awarded by the Reference Court in those Reference Petitions and present appeal is also one of those appeals. All those appeals were connected with RFA No.4 of 2011 titled Land Acquisition Collector Versus Rajinder Singh. 3. Present appeal was segregated for bringing legal heirs of sole respondent on record, but for not taking steps for substitution of deceased respondent/ cross-objector/ claimant Dharam Singh, main appeal as well as cross-objections No.463 of 2011, preferred by the land owners were dismissed as abated on 16.3.2018. 4. Thereafter, on application bearing CMP(M) No.997 of 2018, preferred by the Project proponent, vide order dated 4.10.2018 the abatement was setaside and legal heirs of the deceased claimant/cross-objector Dharam Singh were permitted to be brought on record. Resultantly, appeal as well as cross-objections were revived. 5. Other connected appeals along with RFA No.4 of 2011 and cross-objections therein stand dismissed by this Court on 13.9.2017. 6. It is jointly submitted by learned counsel for the parties that present appeal as well as cross-objection No.463 of 2011, preferred by the land owners/ respondents/ cross-objectors are squarely covered by the judgment dated 13.9.2017 passed by this Court in RFA No.4 of 2011, along connected appeals and cross-objections therein, appeals preferred by the Project-proponent and cross-objections preferred by the land owners stand dismissed and the award passed by the Reference Court has been maintained. 7. In view of this, present appeal preferred by the Project-proponent and cross-objection preferred by the land owners are dismissed with the observations that judgment passed in RFA No.4 of 2011 and connected appeals shall be mutatis-mutandis applicable in the present appeal.