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2019 DIGILAW 1793 (HP)

General Manager, Northern Railway v. Rattan Chand

2019-11-27

SANDEEP SHARMA

body2019
JUDGMENT : SANDEEP SHARMA, J. 1. All the above captioned appeals are directed against the award dated 23.05.2012 passed by learned Additional District Judge, Fast Track Court, Fast Track Court, Una, District Una, H.P. and the 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 23.05.2012, passed by learned Additional District Judge, Fast Track Court, Fast Track Court, Una, in Reference Petition No. 09/2008, titled as Rattan Chand and Others vs. LAC and Others, alongwith other connected Land Reference petitions, as described in the award. 3. Undisputedly, the suit land belonging to the claimants, situate in Village Teuri, Tehsil and District Una, H.P., came to be acquired for public purpose; namely: construction of “Nangal - Talwara Rail Line” and acquisition proceedings commenced with the issuance of Notification under Section 4 of the Act on 01.12.2000. The Land Acquisition Collector (for short ‘LAC’) passed an award No. 26, dated 6.2.2002 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, Fast Track Court, Una, seeking therein enhancement of compensation, awarded by the Land Acquisition Collector. Learned Additional District Judge, Fast Track Court, vide common judgment dated 23.05.2012, passed in above numbered reference petition alongwith other connected matters, re-determined the market value of the acquired land @ Rs. 80,000/- per Kanal irrespective of classification. 5. Appellant, being aggrieved and dissatisfied with the aforesaid award passed by the learned Additional District Judge, Fast Track Court, 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, Fast Track Court, Una. 6. 5. Appellant, being aggrieved and dissatisfied with the aforesaid award passed by the learned Additional District Judge, Fast Track Court, 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, Fast Track Court, Una. 6. It is not in dispute before this Court that similar situate claimants, whose land also came to be acquired for construction of “Nangal-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 Additional District Judge, Fast Track Court, Una, praying therein to enhance the compensation awarded by ‘LAC’ in its award dated 31.05.2011. Those reference petitions were clubbed and disposed of by a common award passed in Reference Petition No. 8/05, RBT 50/05/05, titled as Tilak Raj (deceased) through his LRs. vs. Land Acquisition Collector (Railways), wherein the Reference Court re-determined the market value of entire land irrespective of classification on uniform basis and awarded a sum of Rs. 80,000/- per Kanal, which has been reaffirmed by this Court in RFA No. 693 of 2012, titled as General Manager, Northern Railway vs. Rajneesh Kumar and Others, decided on 29.08.2018 alongwith connected matters. 7. Mr. Ajay Sharma, learned Senior Counsel assisted by Mr. Amit Jamwal, Advocate respondents-claimants, while placing reliance upon the judgment passed in RFA No. 693 of 2012 (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. 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. 693 of 2012 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. 8/05, RBT 50/05/05, 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. 693 of 2012 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. 693 of 2012, titled as General Manager, Northern Railway vs. Rajneesh Kumar & Others, decided on 29.08.2018 shall mutatis mutandis apply to the present cases also. CO No. 102 of 2016 in RFA No. 245 of 2014 CO No. 26 of 2015 in RFA No. 420 of 2015 CO No. 64 of 2018 in RFA No. 344 of 2014 CO No. 67 of 2018 in RFA No. 348 of 2017 10. In view of the order passed in main appeals, all the Cross-Objections in the respective appeals are dismissed. 11. Interim order, if any, is vacated. All the miscellaneous applications are disposed of.