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Himachal Pradesh High Court · body

2019 DIGILAW 1244 (HP)

General Manager, Northern Railway v. Ramesh Kumar

2019-08-29

VIVEK SINGH THAKUR

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JUDGMENT : Vivek Singh Thakur, J. All these appeals arising out of common Award dated 22.3.2011, passed by learned Additional District Judge, Una, District Una, Himachal Pradesh (hereinafter referred to as 'Reference Court') in Land Reference No. 61 of 2008 titled as Sh. Ramesh Kumar and others Vs. Collector, Land Acquisition Nangal Talwara Railway Line (Assistant Commissioner, Una) and others ((RFA No. 377/2011); Land Reference No. 62 of 2008 titled as Sh. Ramesh Kumar and others Vs. Collector, Land Acquisition Nangal Talwara Railway Line (Assistant Commissioner, Una) and others (RFA No. 376/2011); Land Reference No. 71 of 2008 titled as Shri Surjeet Singh (deceased) through his LR's Mrs. Satpal Kaur and others Vs. The Land Acquisition Collector, Una HP and others (RFA No. 397/2011); and Land Reference No. 74 of 2008 titled as Shri Pritam Singh Vs. Collector, Land Acquisition, Nangal Talwara Railway Line (Assistant Commissioner, Una and others (RFA No.379/2011), are being decided by this common judgment, as common questions of fact and law are involved therein on the basis of common evidence led in Land Reference Petition No. 62 of 2008. 2. It is admitted fact that in present cases, appellant has acquired the land in village Dangoli, District Una for public purpose, namely, construction of Una-Talwara Rail Line by invoking the provisions of Land Acquisition Act, 1894 (in short 'the Act') by issuing Notification dated 31st October, 2000 under Section 4 of the Act and after completing codal formalities, Land Acquisition Collector had determined the value of land under acquisition at different rates, by passing Award No. 8 dated 19th September, 2001, ranging from Rs.1211.37 to Rs.18,030.76 per Kanal on the basis of classification and category of the land. 3. Being aggrieved by the Award passed by Land Acquisition Collector, land owners had preferred separate reference petitions under Section 18 of the Act, wherein Reference Court had redetermined the value of the land at the rate of Rs.1,00,000/- per Kanal on the basis of another Award passed by Reference Court in Land Reference Petition No.75 of 2008, titled as Sh. Ram Kishan Pabla Vs. Ram Kishan Pabla Vs. The Land Acquisition Collector, Railways, Una, H.P. and others, pertaining to the same village Dangoli, wherein land was acquired by issuing the same Notification under Section 4 of the Act for the same purpose and Land Acquisition Collector had also determined the same value of the land by passing the same Award i.e. Award No. 8 dated 19.9.2001. 4. Appellant herein, had also preferred appeal bearing No. RFA No. 166 of 2011 against the said Award passed by the Reference Court in Reference Petition No. 75 of 2008. The said appeal along with connected appeals and cross objections filed by some of land owners has been dismissed by Co-ordinate Bench of this Court, vide judgment dated 4.5.2018. 5. As fairly admitted by learned counsel for the parties, in view of aforesaid facts and circumstances, undoubtedly, present cases are squarely covered by the judgment dated 4.5.2018 passed by this High Court in RFA No. 166 of 2011, titled as Northern Railways through its General Manager, New Delhi Vs. Ram Kishan Pabla and others and connected appeals. 6. Therefore, present appeals are also dismissed in terms of the judgment dated 4.5.2018 passed in RFA No. 166 of 2011. Consequently, land owners shall be entitled for compensation as determined by the Reference Court i.e. at the rate of Rs. 1,00,000/- per Kanal along with all consequential statutory benefits. Pending miscellaneous applications, if any, also stand disposed of. Record be sent back. JUDGMENT : Vivek Singh Thakur, J. All these appeals arising out of common Award dated 22.3.2011, passed by learned Additional District Judge, Una, District Una, Himachal Pradesh (hereinafter referred to as 'Reference Court') in Land Reference No. 61 of 2008 titled as Sh. Ramesh Kumar and others Vs. Collector, Land Acquisition Nangal Talwara Railway Line (Assistant Commissioner, Una) and others ((RFA No. 377/2011); Land Reference No. 62 of 2008 titled as Sh. Ramesh Kumar and others Vs. Collector, Land Acquisition Nangal Talwara Railway Line (Assistant Commissioner, Una) and others (RFA No. 376/2011); Land Reference No. 71 of 2008 titled as Shri Surjeet Singh (deceased) through his LR's Mrs. Satpal Kaur and others Vs. The Land Acquisition Collector, Una HP and others (RFA No. 397/2011); and Land Reference No. 74 of 2008 titled as Shri Pritam Singh Vs. Collector, Land Acquisition Nangal Talwara Railway Line (Assistant Commissioner, Una) and others (RFA No. 376/2011); Land Reference No. 71 of 2008 titled as Shri Surjeet Singh (deceased) through his LR's Mrs. Satpal Kaur and others Vs. The Land Acquisition Collector, Una HP and others (RFA No. 397/2011); and Land Reference No. 74 of 2008 titled as Shri Pritam Singh Vs. Collector, Land Acquisition, Nangal Talwara Railway Line (Assistant Commissioner, Una and others (RFA No.379/2011), are being decided by this common judgment, as common questions of fact and law are involved therein on the basis of common evidence led in Land Reference Petition No. 62 of 2008. 2. It is admitted fact that in present cases, appellant has acquired the land in village Dangoli, District Una for public purpose, namely, construction of Una-Talwara Rail Line by invoking the provisions of Land Acquisition Act, 1894 (in short 'the Act') by issuing Notification dated 31st October, 2000 under Section 4 of the Act and after completing codal formalities, Land Acquisition Collector had determined the value of land under acquisition at different rates, by passing Award No. 8 dated 19th September, 2001, ranging from Rs.1211.37 to Rs.18,030.76 per Kanal on the basis of classification and category of the land. 3. Being aggrieved by the Award passed by Land Acquisition Collector, land owners had preferred separate reference petitions under Section 18 of the Act, wherein Reference Court had redetermined the value of the land at the rate of Rs.1,00,000/- per Kanal on the basis of another Award passed by Reference Court in Land Reference Petition No.75 of 2008, titled as Sh. Ram Kishan Pabla Vs. The Land Acquisition Collector, Railways, Una, H.P. and others, pertaining to the same village Dangoli, wherein land was acquired by issuing the same Notification under Section 4 of the Act for the same purpose and Land Acquisition Collector had also determined the same value of the land by passing the same Award i.e. Award No. 8 dated 19.9.2001. 4. Appellant herein, had also preferred appeal bearing No. RFA No. 166 of 2011 against the said Award passed by the Reference Court in Reference Petition No. 75 of 2008. The said appeal along with connected appeals and cross objections filed by some of land owners has been dismissed by Co-ordinate Bench of this Court, vide judgment dated 4.5.2018. 5. 4. Appellant herein, had also preferred appeal bearing No. RFA No. 166 of 2011 against the said Award passed by the Reference Court in Reference Petition No. 75 of 2008. The said appeal along with connected appeals and cross objections filed by some of land owners has been dismissed by Co-ordinate Bench of this Court, vide judgment dated 4.5.2018. 5. As fairly admitted by learned counsel for the parties, in view of aforesaid facts and circumstances, undoubtedly, present cases are squarely covered by the judgment dated 4.5.2018 passed by this High Court in RFA No. 166 of 2011, titled as Northern Railways through its General Manager, New Delhi Vs. Ram Kishan Pabla and others and connected appeals. 6. Therefore, present appeals are also dismissed in terms of the judgment dated 4.5.2018 passed in RFA No. 166 of 2011. Consequently, land owners shall be entitled for compensation as determined by the Reference Court i.e. at the rate of Rs. 1,00,000/- per Kanal along with all consequential statutory benefits. Pending miscellaneous applications, if any, also stand disposed of. Record be sent back.