Himachal Pradesh High Court
Kaushalya Devi & Ors vs Lac & Ors on 17 May, 2018
Author: Tarlok Singh Chauhan
Bench: Tarlok Singh Chauhan
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RFA No. 479 of 2011 a/w RFA Nos. 480,
481 and 482 of 2011, RFA Nos. 135,
136, 137 and 138 of 2012
Decided on: 15.05.2018
.
RFA No. 479 of 2011
Kaushalya Devi & ors. ...Appellants
Versus
LAC & ors. ...Respondents
RFA No. 480 of 2011
Kaushalya Devi ...Appellant
Versus
LAC & ors. ...Respondents
RFA No. 481 of 2011
Kaushalya Devi & ors. ...Appellants
r Versus
LAC & ors. ...Respondents
RFA No. 482 of 2011
Kaushalya Devi ...Appellant
Versus
LAC & ors. ...Respondents
RFA No. 135 of 2012
G.M., Northern Railway ...Appellant
Versus
Kaushalya Devi & ors. ...Respondents
RFA No. 136 of 2012
G.M., Northern Railway ...Appellant
Versus
Kaushalya Devi & ors. ...Respondents
RFA No. 137 of 2012
G.M., Northern Railway ...Appellant
Versus
Kaushalya Devi & ors. ...Respondents
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RFA No. 138 of 2012
G.M., Northern Railway ...Appellant
Versus
Kaushalya Devi & ors. ...Respondents
.
Coram
The Hon'ble Mr.Justice Tarlok Singh Chauhan, Judge.
Whether approved for reporting? No.
For the appellant(s): Mr. Ajay Sharm, Advocate, for the
appellant(s) In RFA Nos. 479/2011,
480/2011, 481/2011 and 482/2011 and
Mr. Rahul Mahajan, Advocate for
appellant(s) in RFA Nos. 135/2012,
136/2012, 137/2012 and 138/2012.
For the respondent(s): Mr. Vinod Thakur and Mr. Sudhir
Bhatnagar, Addl. A.Gs. with Mr.
r Bhupinder Thakur, Dy. A.G. for
respondents-State.
Mr. Rahul Mahajan, Advocate, for
respondents No. 3 in RFA Nos. 479,
480, 481 and 482 of 2011 and Mr. Ajay
Sharma, Advocate, for respondent Nos.
1 to 3 in RFA Nos. 135 and 138 of 2012
and for respondent No. 1 in RFA No.
136 and 137 of 2012.
Justice Tarlok Singh Chauhan, Judge (Oral)
Learned counsel for the parties invite attention of this Court to the decision rendered by a Coordinate Bench of this Court, in RFA No. 181 of 2010, titled as General Manager, Northern Railway Versus Santosh Kumar & others, on 28.02.2017, with regard to acquisition proceedings pertaining to the very same acquisition purpose, with respect to villages Dangera, Kotla Khurd & ::: Downloaded on - 17/05/2018 23:10:18 :::HCHP Rainsary Tehsil & District Una, H.P., wherein this Court has remanded back the matters to the Reference Court for consideration afresh.
2. It is not in dispute that instant acquisition proceedings .
also pertain to the very same acquisition purpose, namely, construction of broad-gauge railway line. The instant land is situate in village Dhussara. The Reference Court has re-determined the market value of the acquired land, on the basis of exemplar award (Ex.R-1). Now significantly, no evidence was led by the beneficiary, with regard to the nature, use and potential of the acquired land with that of exemplar land. No cogent reason stands ascribed, ignoring the exemplar sale deeds placed on record by the claimants. In fact, before this Court, claimants are seeking reliance upon various awards passed by the Reference Court, with respect to contiguous villages, wherein market value of the acquired land stands re-
determined on rates which are much higher than what stands awarded to the claimants in the instant appeals.
3. Under these circumstances, this Court is of the considered view that the instant claimants as also the beneficiary should not be discriminated or allowed to suffer, for it is the duty of the Court to adjudicate the rights of the parties and determine the true and correct market value, in accordance with law.
4. Apart from above, the Reference Court has also relied upon some of the earlier awards that were passed in Reference No. 25 of 2008, titled Paramjit vs. LAC, however, the said awards have ::: Downloaded on - 17/05/2018 23:10:18 :::HCHP already been set aside by this Court and the matter remitted back to the Reference Court in a decision rendered in batch of appeals lead case whereof being RFA No. 38 of 2011, titled Paramjit vs. LAC .
wherein the same order was passed as the one which has been passed in these appeals.
5. As such, impugned award dated 10.06.2011, passed by Additional District Judge, Una, District Una, H.P., in various land reference petitions, is quashed and set aside, with the matters being remanded back to the Reference Court with following directions:-
(i) Reference petitions are revived to its original number and position;
(ii) Parties shall appear before the Reference Court on 29.06.2018;
(iii) It shall be open for the parties to lead evidence oral or documentary. It stands clarified that parties shall lead evidence only with respect to such of the material which stands placed before the Reference Court or before this Court;
(iv) Save and except official witnesses, parties undertake to produce evidence at their own responsibility; and
(v) An endeavour shall be made by the Reference Court to decide the reference petitions afresh, within a period of six months thereafter.
::: Downloaded on - 17/05/2018 23:10:18 :::HCHP6. Registrar (Judicial) shall ensure that the entire record be remitted to the Reference Court.
7. In view of the above, these appeals stand disposed of .
accordingly, so also the pending application(s), if any.
(Tarlok Singh Chauhan), Judge.
May 15, 2018
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