Kaushalya Devi vs Land Acquisition Collector on 17 August, 2018

[Cites 2, Cited by 23]

Himachal Pradesh High Court

Kaushalya Devi vs Land Acquisition Collector on 17 August, 2018

Bench: Sanjay Karol

\IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA RFA No. 476 of 2011 alongwith connected matters.

Date of Decision: August 17, 2018

1. RFA No.476 of 2011 Kaushalya Devi ...Appellant.

Versus Land Acquisition Collector, Una & another ...Respondents.

2. RFA No.477 of 2011 Kaushalya Devi & others ...Appellants.

                  r      Versus

    Land Acquisition Collector, Una & another       ..Respondents.

    3.   RFA No.478 of 2011
    Kaushalya Devi & others                              ...Appellants.


                         Versus

    Land Acquisition Collector, Una & another       ..Respondents.




    4.   RFA No.505 of 2012
    General Manager, Northern Railway.                       ...Appellant.





                         Versus





    Kaushalya Devi & another                        ..Respondents.
    5.   RFA No.619 of 2012
    General Manager, Northern Railway.                       ...Appellant.

                         Versus

    Kaushalya Devi & others                         ..Respondents.




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                                                       2

    6.  RFA No.620 of 2012
    General Manager, Northern Railway.                                              ...Appellant.

                                         Versus

    Kaushalya Devi & others                                                 ..Respondents.




                                                                                .
    Coram:

The Hon'ble Mr. Justice Sanjay Karol, Acting Chief Justice. Whether approved for reporting?1No.

For the Appellant: Mr. Ajay Sharma, Advocate, for the appellant(s), in RFA Nos.476, 477 and 478 of 2011.

Mr.Rahul Mahajan, Advocate, for the appellant(s)-Northern Railways, in RFA Nos.505, 619 & 620 of 2012.

For the Respondents: Mr.Rahul Mahajan, Advocate, for the respondent-Northern Railway.

r Mr.Ajay Sharma, Advocate, for the respective private respondents. Mr.Adarsh Sharma, Additional Advocate General, for the respondent-State. Sanjay Karol, ACJ (oral) These appeals are being disposed of by a common judgment, for the impugned award is same.

2. In these appeals, so filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act), the beneficiary(ies) as also the claimants have assailed the common award dated 24.06.2011, passed by Additional District Judge, Fast Track Court, Una, District Una, H.P., in LAC Petition No.6/2003 RBT 42/05/03, titled as Kaushalya Devi vs. 1 Whether reporters of the local papers may be allowed to see the judgment?

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Land Acquisition Collector, Una & another, alongwith other connected matters.

3. It is a common case of the parties that the present .

appeals are squarely covered by a decision rendered by a Coordinate Bench of this Court in RFA No.135 of 2012, titled as G.M., Northern Railway vs. Kaushalya Devi & others, decided on 15.05.2018. As such, as jointly prayed for, these appeals are disposed of in view of the same, making the directions issues in Kaushalya Devi (supra), applicable mutatis mutandis to the instant cases.

4. Parties undertake to appear before the Reference Court on 28.08.2018. Registrar (Judicial) shall ensure that the entire record be remitted to the Reference Court.

Pending application(s), if any, also stand disposed of accordingly.

(Sanjay Karol), August 17, 2018 Acting Chief Justice.

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Himachal Pradesh High Court