Himachal Pradesh High Court
G.M. Northern Railways And Others vs Respondents on 26 June, 2019
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
RFA No. 236 of 2014 along with
Cross Objections No. 54 of 2018
Date of Decision 26th June, 2019
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G.M. Northern Railways and others ....Appellants
Mangat Ram and others
r to Versus
....Respondents
Coram
The Hon'ble Mr. Justice Vivek Singh Thakur, J.
Whether approved for reporting?1
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For the Appellant: Mr. Rahul Mahajan, Advocate.
For the Respondents: Mr. Ajay Sharma, Sr. Advocate with
Ms. Anandita Sharma, Advocate,
for respondents No. 1 and 2 and Mr.
S.C. Sharma and Mr.Narinder Guleria,
Addl.Advocate General with
Mr.R.R.Rahil, Deputy Advocate General
for respondent No. 3.
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Vivek Singh Thakur, J.(Oral)
Admitted facts in the present case are that land in village Thakurdwara Basal was acquired for the purpose of construction of railway line and the Land Acquisition Collector 1 Whether Reporters of Local Papers may be allowed to see the judgment? Yes ::: Downloaded on - 28/09/2019 23:59:17 :::HCHP 2 had determined the compensation vide award No. 25 dated 4.12.2001/5.2.2002 and the said value determined by the Land .
Acquisition Collector was assailed by land owners of the same village by preferring 18 land reference petitions, which were decided along with lead case of Land Reference Petition No. 43 of 2008 titled Sita Ram vs. LAC and others on 27.9.2010, whereby the Reference Court had enhanced the market value of acquired land at uniform rate of Rs.76,000/- per kanal irrespective of its classification. Thereafter, reference petition filed by the respondents bearing Land Reference No. 01 of 2010 was also decided by Reference Court on 14.9.2012, putting reliance upon the award passed by Reference Court in Land Reference Petition No. 43 of 2008 titled Sita Ram vs. LAC, copy whereof has been placed on record in present case as Ext.P2.
2 Awards passed in reference petition No. 43 of 2008 along with connected matters were assailed by the Railways Department by preferring RFA No. 418 of 2010, titled Sita Ram vs. LAC and others and other connected appeals, which has been disposed of by the Coordinate Bench of this Court on 18.8.2017 along with the cross objections filed by respondents, with observations that the land owners in those appeals were similarly situated to the claimants in RFA No. 20 of 2010 titled GM ::: Downloaded on - 28/09/2019 23:59:17 :::HCHP 3 Northern Railways vs. Rajinder Kumar and others along with connected matters which were decided on 20.9.2016 and .
accordingly, it has been directed that directions issued in the judgment dated 20.9.2016 passed in RFA No. 20 of 2010 titled G.M. Northern Railways vs. Rajinder Kumar along with connected matters shall mutatis mutandis apply in RFA No. 418 of 2010 titled Sita Ram vs. LAC and others along with connected matters decided on 18.8.2017.
3 It is undisputed that present case is identical to the Sita Ram's case, referred supra and being owners of land pertaining to the same village, respondents/claimants herein are also entitled for the amount in terms of award passed in that case. In view of above, present appeal is also disposed of with direction that decision rendered by the Coordinate Bench of this Court in RFA No. 20 of 2010 titled G.M. Northern Railways vs. Rajinder Kumar dated 20.9.2016 shall mutatis mutandis apply to the instant case also. Cross objections, including all pending miscellaneous application(s), are also disposed of in the same terms.
June 26, 2019 (Vivek Singh Thakur)
(ms) Judge
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