G.M. Northern Railways vs Unknown
2021 Latest Caselaw 5752 HP

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 15TH DAY OF DECEMBER, 2021 BEFORE HON'BLE MR. JUSTICE SANDEEP SHARMA

.

REGULAR FIRST APPEAL NO. 312 OF 2010 ALONGWITH

CROSS-OBJECTIONS NO. 34 OF 2011

Between:-

G.M. NORTHERN RAILWAYS NEW DELHI THROUGH THE DEPUTY CHIEF MANAGER, NORTHERN RAILWAYS,

CHANDIGARH APPELLANT (BY MR. RAHUL MAHAJAN, ADVOCATE)

AND

1. SHRI RAM SWAROOP (DECEASED)

THROUGH HIS LR SHRI SOM DUTT S/O SHRI DAULAT RAM, R/O VILLAGE UPPER BASAL, TEHSIL AND DISTRICT UNA, H.P.

RESPONDENT/CROSS-OBJECTOR

2. THE LAND ACQUISITION COLLECTOR (RAILWAYS) UNA, DISTRICT UNA

3. STATE OF HIMACHAL PRADESH THROUGH THE COLLECTOR,

UNA RESPONDENTS (BY MR. ARUN KUMAR, ADVOCATE VICE

MR. H.K. BHARDWAJ, ADVOCATE, FOR R-1

NEMO FOR R-2

MR. SUDHIR BHATNAGAR AND MR. DESH RAJ THAKUR, ADDITIONAL ADVOCATES GENERAL WITH MR. NARINDER THAKUR AND MR. KAMAL KISHORE & GAURAV SHARMA, DEPUTY ADVOCATES GENERAL, FOR R-3)

WHETHER APPROVED FOR REPORTING?

This petition coming on for orders this day, the court passed the following:

OR D ER

.

Instant appeal filed under S. 54 of Land Acquisition Act, 1894,

lays challenge to award dated 23.3.2010 passed by learned District Judge,

Una, Himachal Pradesh, in Land Reference Petition No. 12 of 2005, titled

Ram Sarup vs. the Land Acquisition Collector(Railways), Una, whereby

amount of compensation awarded by Land Acquisition Collector (Railways)

came to be enhanced.

2. Precisely, the facts of the case, as emerge from the record, are that the

land of the respondent No.1 alongwith other villagers, came to be acquired for

the construction of Nangal-Talwara Broad Gauge railway line in 2001.

Acquisition proceedings commenced with Notification dated 9.7.2001. After

completion of codal formalities, Land Acquisition Collector Railways passed

Award No.30, dated 28.12.2001, awarding compensation therein on the basis

of classification of the land. Being aggrieved and dissatisfied with the amount

of compensation awarded by Land Acquisition Collector, respondent No.1

herein alongwith other similarly situate persons filed reference petitions before

learned District Judge, Una, praying therein for enhancement of

compensation. Learned District Judge in the reference petitions having been

filed by various persons, including present respondent No.1, enhanced the

compensation, however, the appellant being dissatisfied with the

enhancement made by learned District Judge, vide award dated 23.3.2010,

passed in the case of respondent No.1, preferred the instant appeal. Though

the appeal at hand stands admitted and entire amount of compensation

stands deposited with the Registry of this Court on 2.12.2010, but before the

appeal at hand, could be heard and decided on its own merit, learned counsel

for the parties, while inviting attention of this court to judgment dated

20.9.2016 passed by Coordinate Bench of this Court in RFA No. 147 of 2010

.

alongwith connected matters, contended that the appeal at hand is squarely

covered by aforesaid judgment and as such, same can be disposed of in the

same terms.

3. Careful perusal of judgment dated 20.9.2016 (supra) passed by

Coordinate Bench of this Court reveals that reference court, while enhancing

amount of compensation as awarded by Land Acquisition Collector, placed

reliance upon award dated 27.2.2010 passed in ref petition 19/05 titled

Bhagat Ram vs. Land Acquisition Collector, which came to be upheld in RFA

No. 155 of 2010 titled Bhagat Ram vs. Land Acquisition Collector and others.

4. Since it is not dispute inter se parties, that the land of the respondent

No.1 herein also came to be acquired for the same purpose, and all other

similarly situate persons, whose land was also acquired for construction of

railway line, stand awarded enhanced amount of compensation, case of

respondent No.1 also deserves to be considered and decided in light of

judgment dated 20.9.2016 supra, which has otherwise attained finality.

5. It is not in dispute before this Court that similar situate claimants,

whose land also came to be acquired for construction of Nangal-Talwara

Railway Line, in the acquisition proceedings commenced with the publication

of Notification issued under Section 4 of the Act, had filed land reference

petitions before the learned District Judge, Una, praying therein to enhance

the compensation awarded by the Land Acquisition Collector in its award.

Those reference petitions were clubbed and disposed of by common award

dated 27.2.2010, wherein the Reference Court re-determined the market

value of entire land irrespective of classification and nature of the land on

uniform basis and awarded a sum of Rs.75,000/- per Kanal.

6. Being aggrieved and dissatisfied with the aforesaid award passed by

.

learned District Judge, Una, the appellant filed different appeals, which came

to be disposed of by a Coordinate Bench of this Court vide judgment dated

29.9.2016 passed in a batch of appeals i.e. RFA No. 147 of 2010, titled

General Manager, Northern Railway v. Mani Ram & others and other

connected matters, by holding that the reference court has rightly determined

the market value of land at the rate of Rs.75,000/- per Kanal, irrespective of

nature and classification of land in.

7. Learned counsel, representing the appellant, while fairly

acknowledging the factum with regard to passing of judgment dated

20.9.2016 in Mani Ram (supra), conceded that claimant-respondent in the

case at hand is also entitled for compensation at the rate of Rs.75,000/- per

Kanal irrespective of nature and classification of land as per the said

judgment. Learned counsel for the respondent also acceded to the market

value of the land determined in "Mani Ram" (supra).

8. Consequently, in view of detailed discussion made hereinabove as well

as fair stand adopted by learned counsel representing the appellants, present

appeal is dismissed and it is ordered that directions contained in Mani Ram

(supra), shall mutatis mutandis apply to the present cases also.

Interim order, if any, is vacated. All the miscellaneous applications are

disposed of.

(Sandeep Sharma) Judge December 15, 2021 (vikrant)