General Manager, Northern Railway v. Shakuntla Devi
2019-11-21
SANDEEP SHARMA
body2019
DigiLaw.ai
JUDGMENT : Sandeep Sharma, J. 1. All the above captioned appeals are directed against the award dated 12.08.2011 passed by learned Additional District Judge, Una, District Una, H.P., same are being taken up together for adjudication with the consent of learned counsel representing the parties. 2. By way of aforesaid appeals filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act), challenge has been laid to common award dated 12.08.2011, passed by learned Additional District Judge, Una, in Reference Petition No. 39/2009, titled as Ram Dhan & Another vs. LAC & Another, alongwith other connected Land Reference petitions, as described in the award. 3. Undisputedly, the suit land belonging to the claimants, situate in Up Mohal Basal/Thakurdwara, Tehsil and District Una, H.P., came to be acquired for public purpose; namely; construction of "Una - Talwara Rail Line" and acquisition proceedings commenced with the issuance of Notification under Section 4 of the Act on 21.03.1998. The Land Acquisition Collector (for short 'LAC') passed an award No. 08, dated 19.09.2000 and awarded compensation of the acquired land as per the classification of the land mentioned in the award. 4. Claimants, being aggrieved and dissatisfied with the amount of compensation awarded by 'LAC', preferred reference petition under Section 18 of the Act, before the learned Additional District Judge, Una, seeking therein enhancement of compensation, awarded by the Land Acquisition Collector. Learned Additional District Judge vide common judgment dated 12.08.2011, passed in above numbered reference petition alongwith other connected matters, re-determined the market value of the acquired land @ Rs. 76,000/- per Kanal irrespective of its class, kind or category. 5. Appellant, being aggrieved and dis-satisfied with the aforesaid award passed by the learned Additional District Judge, Una, has approached this Court by way of above captioned appeals, seeking therein restoration of award passed by the learned Land Acquisition Collector after setting aside the judgment/award passed by the learned Additional District Judge, Una. 6. It is not in dispute before this Court that similar situate claimants, whose land also came to be acquired for construction of "Una - Talwara Rail Line" in the acquisition proceedings commenced with the publication of Notification issued under Section 4 of the Act, had filed land reference petitions before the learned District Judge, Una, praying therein to enhance the compensation awarded by 'LAC' in its award dated 09.10.2009.
Those reference petitions were clubbed and disposed of by a common award passed in Reference Petition No. 43/2008, titled as: Sita Ram and Others vs. General Manager, Northern Railway, decided on 27.09.2010, wherein the Reference Court re-determined the market value of entire land irrespective of classification on uniform basis and awarded a sum of Rs. 76,000/- per Kanal, which has been reaffirmed by this Court in RFA No. 41 of 2011, titled as: General Manager, Northern Railway vs. Sita Ram & Others, decided on 18.08.2017 alongwith connected matters. 7. Mr. Ajay Sharma, learned Senior Counsel assisted by Mr. Amit Jamwal, Advocate and Mr. Anup Rattan, learned counsel representing the respective respondents-claimants, while placing reliance upon the judgment passed in RFA No. 41 of 2011 (supra), contended that these appeals also deserve to be dismissed, in terms of aforesaid judgment, because undisputedly claimants in the cases at hand alongwith the claimants in the aforesaid references/cases were awarded compensation vide a common award. They further argued that since this Court had upheld the findings of Reference Court, returned in the aforesaid Reference Petitions, therefore, the claimants in the instant appeals are also entitled to market value of entire acquired land as done by Reference Court. 8. Mr. Rahul Mahajan, learned counsel representing appellant, while fairly acknowledging the factum with regard to passing of judgment in RFA No. 41 of 2011 supra, was not able to refute the fact that claimants in the appeals at hand are also entitled to enhanced market value of acquired land, as has been held in Reference Petition No. 43/08, which was the basis for enhancing the compensation in the award under challenge in the appeals, and which has further been upheld by this Court in RFA No. 41 of 2011 supra alongwith other connected matters. 9. Consequently, in view of aforesaid discussion as well as fair stand adopted by Mr. Rahul Mahajan, learned counsel representing appellant, present appeals are dismissed and it is ordered that directions contained in RFA No. 41 of 2011, titled as: General Manager Northern Railway vs. Sita Ram & Others shall mutatis mutandis apply to the present cases also. 10. Interim order, if any, is vacated. All the miscellaneous applications are disposed of.