Himachal Pradesh High Court
Rfa No. 216/2013 vs Banbari Lal & Others on 28 April, 2017
Author: Sanjay Karol
Bench: Sanjay Karol
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA RFA No. 216/2013 a/w RFAs No.213/2013, 214/2013, 215/2013 & CO No.124/2016, .
217/2013, 218/2013, 219/2013, 220/2013 & CO No.4023/2013, 221/2013, 222/2013, 223/2013 & 224/2013.
Date of Decision: April 28, 2017.
1. RFA No. 216/2013 General Manager, Northern Railway ...Appellant.
Versus Banbari Lal & others. ...Respondents.
2. RFA No. 213/2013 General Manager, Northern Railway ...Appellant.
Versus Amrit Lal & others. ...Respondents.
3. RFA No. 214/2013 General Manager, Northern Railway ...Appellant.
Versus Kamla Devi & another ...Respondents.
4. RFA No. 215/2013 & CO No.124/2016 General Manager, Northern Railway ...Appellant.
Versus Amar Chand & others ...Respondents.
5. RFA No. 217/2013General Manager, Northern Railway ...Appellant.
Versus Surinder Kumar & others ...Respondents.
6. RFA No. 218/2013General Manager, Northern Railway. ...Appellant.
Versus Parwati & others ...Respondents.
7. RFA No. 219/2013General Manager, Northern Railway ...Appellant.
Versus Hari Chand & another ...Respondents.
::: Downloaded on - 29/04/2017 23:58:13 :::HCHP 28. RFA No. 220/2013 & CO No.4023/2013 General Manager, Northern Railway. ...Appellant.
Versus Smt. Anjna Kumari & others. ...Respondents.
9. RFA No. 221/2013.
General Manager, Northern Railway ...Appellant.
Versus Hari Chand & others. ...Respondents.
10. RFA No. 222/2013General Manager, Northern Railway. ...Appellant.
Versus Pawan Kumar & others. ...Respondents.
11. RFA No. 223/2013General Manager, Northern Railway. ...Appellant.
Versus Amrit Lal & others. ...Respondents.
12. RFA No. 224/2013General Manager, Northern Railway. ...Appellant.
Versus Bhajani Devi & others. ...Respondents. Coram:
The Hon'ble Mr. Justice Sanjay Karol, Acting Chief Justice.
Whether approved for reporting?1No.
For the Appellants: Mr. Rahul Mahajan, Advocate, for the appellant(s)-Northern Railway.
For the Respondents:Mr. Shrawan Dogra, Advocate General with Mr. M.L. Chauhan, Additional Advocate General-for the respondent- State in all the appeals.
M/s Ajay Sharma, Pawan Gautam & Dheeraj K. Vashisht, Advocates, for the private respondent(s) in the respective appeals.1
Whether reporters of the local papers may be allowed to see the judgment?::: Downloaded on - 29/04/2017 23:58:13 :::HCHP 3
Sanjay Karol, Acting Chief Justice (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 & 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 Hamboli, Tehsil Amb, District Una, H.P. The Reference Court has re-determined the market value of the acquired land, on the basis of exemplar award (Ex.PA). 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 ::: Downloaded on - 29/04/2017 23:58:13 :::HCHP 4 fact, before this Court, claimants are seeking reliance upon various awards passed by the Reference Court, with respect to contiguous villages, Chururu (Ex.P-13), Bhera & Deara .
(Ex.PX), 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. As such, impugned award dated 30.09.2011, passed by 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 29.05.2017;
(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 ::: Downloaded on - 29/04/2017 23:58:13 :::HCHP 5 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.
5. Registrar (Judicial) shall ensure that the entire record be remitted to the Reference Court.
6. In view of the above, these appeals and as orally prayed, cross-objections, stand disposed of accordingly, so also pending application(s), if any.
(Sanjay Karol), Acting Chief Justice.
April 28, 2017 (Purohit) ::: Downloaded on - 29/04/2017 23:58:13 :::HCHP