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2018 DIGILAW 991 (HP)

General Manager, Northern Railway v. Nanak Chand

2018-05-25

SANJAY KAROL

body2018
JUDGMENT Sanjay Karol, A.C.J —In this appeal, so filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) , the beneficiary(ies) of the acquisition proceedings have assailed the award dated 24.11.2011, passed by learned Additional District Judge, Una, Himachal Pradesh, in Land Reference No.55/2009, titled as Shri Nanak Chand and another vs. The Land Acquisition Collector and others. 2. Undisputedly claimants'' land situate in village Sansala Nagar, Mauja Takka, Tehsil and District Una, H.P., came to be acquired for public purpose, namely, construction of Una-Talwara Railway Line. Acquisition proceedings commenced with the publication of notification issued under Section 4 of the Act on 19.11.2000. The Collector Land Acquisition passed his award on 29.8.2001. It is a matter of record that market value of the acquired land came to be assessed at different rates, classification/category wise ranging from Rs. 132-22/- to Rs. 13, 660-00/- per Kanal Aggrieved thereof, claimants filed land reference petition under Section 18 of the Act, seeking re-determination of the market value of the acquired land, which stands decided in terms of impugned award dated 24.11.2011, in terms whereof, the market value of the acquired land stands re-determined @ Rs. 50, 000/- per Kanal, on uniform basis, irrespective of the classification and category of land. 3. It is not in dispute that appeal arising out of similarly situated claimants, as also acquisition proceedings, stands decided by this Court vide judgment dated 6.11.2017, passed in RFA No. 469 of 2012, titled as General Manager, Northern Railway vs. Ram Saroop and others. The present appeal is squarely covered by the said decision, for the issues involved are identical. This fact is not disputed. As such, as jointly prayed for, the present appeal stands disposed of, in terms of the said judgment. Directions issued in Ram Saroop shall mutatis mutandis apply to the instant case also. Pending application(s) , if any, also stand disposed of accordingly.