General Manager, Northern Railway v. Gurdass (since Deceased) Through Lrs
2018-03-13
TARLOK SINGH CHAUHAN
body2018
DigiLaw.ai
JUDGMENT Tarlok Singh Chauhan, J —In these appeals, filed under Section 54 of the Land Acquisition Act, 1894, (hereinafter referred to as the ''Act'') , the beneficiary of the acquisition proceedings has assailed the common award dated 30.04.2010, passed by the learned Additional District Judge, Fast Track Court, Una, in Reference Petition No. 12/02 RBT 16/05/02, titled ''Gulzari Lal versus Land Acquisition Collector and another'', along with other connected reference petitions. The parties referred to as beneficiary and claimant(s) . 2. In some of the cases, the claimant(s) have also filed separate appeals against the said award. Indisputably, the claimant(s) '' land situated in Up-Mohal Thakurdwara, Mohal Basal, Tehsil and District, Una, came to be acquired for public purpose namely construction of Railway Line from ''Nangal Dam to Talwara'' vide notification issued under Section 4 of the Act on 21.03.1998. The Land Acquisition Collector passed his award dated 19.09.2000 whereby the market value of the acquired land came to be assessed at different rates ranging from Rs.538.04 to Rs.20, 176.63 per Kanal. 3. Aggrieved by the award so passed, the claimant(s) fi led reference petitions under Section 18 of the Act seeking re-determination of the market value of the land which stand decided by the impugned award dated 30.04.2010. In terms thereof, the market value of the acquired land stands re-determined at the rate of Rs.65, 000/- per Kanal on uniform basis, irrespective of the classification and category of land. 4. It is not in dispute that the appeals arising out of the similarly situated claimant(s) , whose lands were acquired by the same notification under Sections 4 and 11 of the Act, already stand decided by this Court on 07.09.2017, in RFA No.480 of 2010 with Cross Objections No.485 of 2011 and other connected matters. 5. The present appeals are squarely covered by the said decision. Such fact is not disputed. In terms thereof, the claimant(s) have been held entitled to the award of compensation at the rate of Rs.76, 000/- per Kanal, whereas, the surcharge on account of severance of holdings i.e. 20% over and above the market value as determined by the learned reference Court below has been quashed and set aside. 6.
Such fact is not disputed. In terms thereof, the claimant(s) have been held entitled to the award of compensation at the rate of Rs.76, 000/- per Kanal, whereas, the surcharge on account of severance of holdings i.e. 20% over and above the market value as determined by the learned reference Court below has been quashed and set aside. 6. Consequently, all these appeals on the basis of the findings and reasonings given in RFA No.480 of 2010 with Cross Objections No.485 of 2011 and other connected matters and the directions contained therein, which shall apply mutatis mutandis to the instant cases, are allowed to the extent that while determining the market value of the land at the rate of Rs.76, 000/- per Kanal, the award to the extent of payment of surcharge on account of severance of holdings i.e. 20% over and above the market value, as determined by the learned reference Court below, is quashed and set aside and the impugned award is accordingly modified. Consequently, the beneficiaries to calculate additional amount, if any, payable to the claimant(s) in terms of this judgment together with all statutory benefits to which the claimant(s) are entitled to and deposit the same within three months before the learned reference Court below. 7. Accordingly, all these appeals are disposed of in the aforesaid terms, leaving the parties to bear their own costs. Pending application(s) , if any, shall also stand disposed of. Registry is directed to place a copy of this judgment on the files of connected matters.