Himachal Pradesh High Court
General Manager Northern Railway vs Surinder Singh & Others on 25 July, 2018
Author: Sanjay Karol
Bench: Sanjay Karol
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA .
RFA No. 94 of 2014 alongwith Connected matters.
Date of Decision : July 25 , 2018
1. RFA No. 94 of 2014 & CO No. 99 of 2016 General Manager Northern Railway ...Appellant Versus Surinder Singh & others ... Respondents
2. RFA No. 95 of 2014 & CO No. 100 of 2016 General Manager Northern Railway ...Appellant Versus Lekh Raj & another ... Respondents
3. RFA No. 96 of 2014 & CO No. 101 of 2016 General Manager Northern Railway ...Appellant Versus Narinder Pal @ Budhi Parkash & others ... Respondents
4. RFA No. 97 of 2014.
General Manager Northern Railway ...Appellant Versus Fateh Singh & another ... Respondents
5. RFA No. 98 of 2014 & CO No. 102 of 2016 General Manager Northern Railway ...Appellant Versus Daljeet Singh & others ... Respondents ::: Downloaded on - 26/07/2018 23:01:30 :::HCHP 2
6. RFA No. 99 of 2014 & CO No. 103 of 2016 General Manager Northern Railway ...Appellant .
Versus Kartar Chand & others ... Respondents
7. RFA No. 100 of 2014 & CO No. 104 of 2016 General Manager Northern Railway ...Appellant Versus Parmeshwari Devi & others ... Respondents
8. RFA No. 101 of 2014 & CO No. 105 of 2016 General Manager Northern Railway ...Appellant Versus Ashok Kumar & others ... Respondents
9. RFA No. 102 of 2014 & CO No. 106 of 2016. General Manager Northern Railway ...Appellant Versus Balbir Singh & others ... Respondents
10. RFA No. 103 of 2014 & CO No. 107 of 2016.
General Manager Northern Railway ...Appellant Versus Rattan Chand & others ... Respondents
11. RFA No. 104 of 2014 & CO No. 112 of 2016. General Manager Northern Railway ...Appellant Versus Nand Lal & others ... Respondents
12. RFA No. 105 of 2014 & CO No. 113 of 2016. General Manager Northern Railway ...Appellant Versus Des Raj & others ... Respondents ::: Downloaded on - 26/07/2018 23:01:30 :::HCHP 3
13. RFA No. 106 of 2014 & CO No. 108 of 2016. General Manager Northern Railway ...Appellant .
Versus Ved Parkash & another ... Respondents
14. RFA No. 107 of 2014 & CO No. 114 of 2016.
General Manager Northern Railway ...Appellant Versus Ved Parkash (deceased through LRs) & others ... Respondents
15. RFA No. 108 of 2014 & CO No. 115 of 2016. General Manager Northern Railway ...Appellant Versus Pritam Chand & others ... Respondents
16. RFA No. 109 of 2014 & CO No. 109 of 2016. General Manager Northern Railway ...Appellant Versus Prithi Chand (deceased through LRs) & others ... Respondents
17. RFA No. 110 of 2014 & CO No. 110 of 2016.
General Manager Northern Railway ...Appellant Versus Yog Raj & others ... Respondents
18. RFA No. 111 of 2014 & CO No. 111 of 2016. General Manager Northern Railway ...Appellant Versus Sanjeev Kumar & others ... Respondents
19. RFA No. 112 of 2014 & CO No. 116 of 2016. General Manager Northern Railway ...Appellant Versus Pritam Chand & others ... Respondents ::: Downloaded on - 26/07/2018 23:01:30 :::HCHP 4
20. RFA No. 113 of 2014 & CO No. 118 of 2016. General Manager Northern Railway ...Appellant .
Versus Prakash Chand & others ... Respondents
21. RFA No. 114 of 2014 & CO No. 117 of 2016. General Manager Northern Railway ...Appellant Versus Raghubir Singh & others ... Respondents r Versus
22. RFA No. 115 of 2014 & CO No. 119 of 2016. General Manager Northern Railway ...Appellant Om Parkash (deceased through LRs) & others ... Respondents Coram:
The Hon'ble Mr. Justice Sanjay Karol, Acting Chief Justice.Whether approved for reporting? No. 1
For the appellant : Mr. Anand Sharma and Mr. Karan Sharma, Advocates, for the appellant/Northern Railways in all the appeals and also for the non-objectors.
For the respondent : Mr. Ajay Sharma, Advocate, for the respective private respondents and also for the respective Cross Objectors.
Mr. Ashok Sharma, Advocate General with Mr. Adarsh Sharma, Addl.A.G. & Ms. Svaneel Jaswal Dy. A.G. for respondent/State.
Whether reporters of Local Papers may be allowed to see the judgment?::: Downloaded on - 26/07/2018 23:01:30 :::HCHP 5
Sanjay Karol, ACJ. (oral) CMP(M) Nos. 1546, 1547 and 1548 of 2017 in RFA No. .
113 of 2014 For the reasons so set out in the applications, delay in filing the applications for bringing on record the LRs of deceased Prithi Chand (respondents No. 3), Omkar Singh (respondent No. 13) and Smt. Ramrakhi (respondent No. 21) is condoned and their names are directed to be substituted with that of their LRs as per particulars mentioned in the respective applications. Registry is directed to carry out necessary corrections in the memo of parties. Applications stand disposed of.
CMP(M) No. 563 of 2018 in RFA No. 115 of 2014
2. For the reasons so set out in the application, delay in filing the application for bringing on record the LRs of deceased Om Parkash (respondents No. 1), Joginder Singh (respondent No. 10), Girdhari Lal (respondent No. 11), Smt. Amro Devi (respondent No. 13), Smt. Ratani Devi (respondent No. 22), Surinder Pal (respondent No. 27) and Naresh Kumar (respondent No. 29) is condoned and their names are directed to be substituted with that of their LRs ::: Downloaded on - 26/07/2018 23:01:30 :::HCHP 6 as per particulars mentioned in the application. Registry is directed to carry out necessary corrections in the memo of .
parties. Application stands disposed of.
RFA No. 94 of 2014 & CO No. 99 of 2016, RFA No. 95 of 2014 & CO No. 100 of 2016, RFA No. 96 of 2014 & CO No. 101 of 2016, RFA No. 97 of 2014, RFA No. 98 of 2014 & CO No. 102 of 2016, RFA No. 99 of 2014 & CO No. 103 of 2016, RFA No. 100 of 2014 & CO No. 104 of 2016, RFA No. 101 of 2014 & CO No. 105 of 2016, RFA No. 102 of 2014 & CO No. 106 of 2016, RFA No. 103 of 2014 & CO No. 107 of 2016, RFA r No. 104 of 2014 & CO No. 112 of 2016, RFA No. 105 of 2014 & CO No. 113 of 2016, RFA No. 106 of 2014 & CO No. 108 of 2016, RFA No. 107 of 2014 & CO No. 114 of 2016, RFA No. 108 of 2014 & CO No. 115 of 2016, RFA No. 109 of 2014 & CO No. 109 of 2016, RFA No. 110 of 2014 & CO No. 110 of 2016, RFA No. 111 of 2014 & CO No. 111 of 2016, RFA No. 112 of 2014 & CO No. 116 of 2016, RFA No. 113 of 2014 & CO No. 118 of 2016, RFA No. 114 of 2014 & CO No. 117 of 2016 and RFA No. 115 of 2014 & CO No. 119 of 2016.
3. In these appeals, so filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act), the beneficiary(ies) of the acquisition proceedings have assailed the common award dated 8.3.2013, passed by learned Addl. District Judge, Fast Track Court, Una, Distt.
Una, H.P., in L.A.C. Petition No. 1/2010, titled as Jagdish ::: Downloaded on - 26/07/2018 23:01:30 :::HCHP 7 Singh (deceased through his LRs) & others vs. The Land Acquisition Collector (Railway) & another, alongwith other .
connected reference petitions. Also in some cases the claimants have filed Cross Objections against the said award.
4. Undisputedly claimants' land situate in village Thathal, Tehsil Amb, Distt. Una, H.P. came to be acquired for public purpose namely construction of Nangal Talwara Railway Line. Acquisition proceedings commenced with the publication of notification issued under Section 4 of the Act on 23.7.2005. The Collector Land acquisition passed his award No. 11 dated 4.8.2007. It is a matter of record that market value of the acquired land came to be assessed at different rates, classification/category wise ranging from `10 to `200/- per square meter. Aggrieved thereof, claimants filed land reference petitions under Section 18 of the Act, seeking re-determination of the market value of the acquired land, which stand decided in terms of impugned award dated 8.3.2013, in terms whereof, the market value of the acquired land stands re-determined @ `800/- per ::: Downloaded on - 26/07/2018 23:01:30 :::HCHP 8 square meter, on uniform basis, irrespective of the classification and category of land.
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5. Learned counsel for the appellant states that the matters in issue are squarely covered by the decision rendered by a Co-ordinate Bench of this Court in General Manager Northern Railway vs. Om Prakash & others & connected matters, 2017 (2) Him.L.R. 1009, more specifically paragraphs 17 and 18.
6. Mr. Ajay Sharma, learned counsel, states that he has no objection in disposing of the appeals, as such.
7. Based on the statement made by learned counsel for the parties, all these Appeals as also the Cross Objections, are disposed of making the directions contained in Om Prakash (supra) applicable mutatis mutandis, more specifically paragraphs 17 and 18 of the report, to the present Appeals and Cross Objections.
Pending application(s) if any, also stand disposed of accordingly.
(Sanjay Karol), Acting Chief Justice.
July 25 , 2018 (PK) ::: Downloaded on - 26/07/2018 23:01:30 :::HCHP