Himachal Pradesh High Court
The State Of Himachal vs State Of H.P And Another And Other on 29 November, 2021
Bench: Vivek Singh Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
.
ON THE 29th DAY OF NOVEMBER, 2021
BEFORE
HON'BLE MR. JUSTICE VIVEK SINGH THAKUR
REGULAR FIRST APPEAL NO. 329 OF 2008 A/W
REGULAR FIRST APPEALS NO. 337 AND 338 OF 2008
Between:-
RFA NO. 329 OF 2008
1. THE STATE OF HIMACHAL
PRADESH THROUGH SECRETARY
(PWD) TO THE GOVT. OF H.P
SHIMLA-2.
2. THE LAND ACQUISITION
COLLECTOR, HPPWD, WINTER
FIELD, SHIMLA-3.
........ APPELLANTS.
( BY MR. ANIL JASWAL, ADDITIONAL ADVOCATE GENERAL)
AND
1. SH. KARAM CHAND
2. SH. RAMESHWAR SINGH.
3. SH.MOHAN SINGH
4. SH. NETER SINGH
ALL SONS OF LATE SH. HIMA NAND.
5. SMT. KAMLESH D/O SH.
HIMA NAND.
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6. SMT. NIRMLA DEVI
(DECEASED) THROUGH HER LRS
.
6(a) KARAM CHAND.
6(b) SH. RAMESHWAR
6(c) SH. MOHAN SINGH
6(d) SH. NETAR SINGH
6(e) SMT. KAMLESH
7. SH. CHANDU LAL SON OF LATE
SH. DEVI RAM.
8. SH. ASHA RAM (DECEASED)
THROUGH HIS LRS.
8 (a) CHANDU LAL SON OF LATE
SH. DEVI RAM
8(b) KRISHAN CHAND SON OF
LATE SH. ASHA RAM
BOTH RESIDENTS OF V.P.O DHARI
SHOGHI, SHIMLA. H.P.
8(c) INDER SINGH SON OF LATE
SH. ASHA RAM
8(d) SANDEEP SON OF LATE SH.
KHAYALI RAM SON OF
LATE SH. ASHA RAM
8(e) KANTA D/O LATE SH.
KHAYALI RAM SON OF
LATE SH. ASHA RAM.
ALL RESIDENTS OF VILLAGE DOL,
P.O DHARI, SHOGHI, SHIMLA.H.P.
8.(f) SATYA DEVI D/O LATE SH.
ASHA RAM.
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8(g) SMT. LACHHMI D/O LATE
.
SH.ASHA RAM.
8(h) SUBHADRA D/O LATE SH.
ASHA RAM
8(i) SMT. SHEELA D/O LATE SH.
ASHA RAM
8(j) UMA D/O LATE SH. ASHA
RAM
ALL RESIDENTS OF VPO DHARI,
SHOGHI, SHIMLA. H.P.
8 (k) NIRMALA D/O LATE SH.
ASHA RAM
8 (l) ANITA D/O LATE SH. ASHA
RAM
8(m) OMA D/O LATE SH. ASHA
RAM
8(n) VIDYA W/O LATE SH. ASHA
RAM.
ALL RESIDENTS OF VPO DOL,
SHOGHI SHIMLA. H.P.
8(o) RAJIV THAKUR SON OF
SMT. RAM DAI W/O SH. N.S
THAKUR.
8(p) AJAY THAKUR SON OF
SMT. RAM DAI W/O SH. N.S
THAKUR.
8(q) REKHA D/O SMT. RAM DAI
W/O SH. N.S THAKUR.
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ALL RESIDENTS OF VILLAGE AND
POST OFFICE CHAILLY, VIA
.
SUMMER HILL, SHIMLA.
.....RESPONDENTS
(MR. P.S GOVERDHAN AND MR. ARUN K
VERMA, ADVOCATE FOR RESPONDENTS
NO. 1 TO 5 AND 7 AND 8 (A) TO 8 (Q)
RESPONDENT NO.6 DELETED VIDE ORDER
DATED 26.7.2017.
RFA NO. 337 OF 2008
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (PW) GOVT.
OF H.P SHIMLA.
2. LAND ACQUISITION COLLECTOR,
WINTER FIELD, SHIMLA-3.
........ APPELLANTS.
( BY MR. ANIL JASWAL, ADDITIONAL ADVOCATE GENERAL)
AND
1. SH. PRITAM SINGH
2. SH. AMAR SINGH
3. SH. HUKAM CHAND
ALL RESIDENT OF VILLAGE DHARI
BAGHERI, TEHSIL AND DISTRICT
SHIMLA.
(MR. ARUN K VERMA, ADVOCATE
VICE MR. DIBENDER GHOSH,
ADVOCATE FOR THE
RESPONDENTS.
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RFA NO. 338 OF 2008
.
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (PW) GOVT.
OF H.P SHIMLA.
2. LAND ACQUISITION COLLECTOR,
WINTER FIELD, SHIMLA-3.
........ APPELLANTS.
( BY MR. ANIL JASWAL, ADDITIONAL ADVOCATE GENERAL)
AND
1. SH. CHANDU LAL SON OF LATE
SH. DEVI RAM.
2. SH. ASHA RAM (DECEASED) SON
OF SH. SUKH RAM THROUGH HIS
LRS
2(a) SH. CHANDU LAL.
2(b) SH. KISHAN CHAND.
2(c) SH. INDER SINGH.
2(d) SH. SANDEEP KUMAR
ALL RESIDENTS OF VILLAGE DHARI
BAGHERI, TEHSIL AND DISTRICT
SHIMLA. H.P.
(MR. P.S GOVERDHAN AND MR.
ARUN K VERMA, ADVOCATES)
Whether approved for reporting?
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These appeals coming on for hearing this day, the Court passed the
.
following:-
JUDGEMENT
These appeals are disposed of by this common judgment, as
common questions of law and facts are appreciated in these appeals on
the basis of common evidence.
2. In the present cases, land of the respondents was acquired for
public purpose and for construction of "Shoghi Dhari Road District
Shimla", vide notification dated 5.3.1997 issued under Section 4 of Land
Acquisition Act, which was published in Official Gazette on 29.3.1997.
3. Land Acquisition Collector vide Award No. 4/98 dated
21.2.1998 had determined the market value of the lands of the
petitioners, ranging from Rs.6,060/- per bigha to Rs. 30,000/- per bigha.
4. Feeling aggrieved and dissatisfied, the respondents had
preferred Reference Petition No. 55-S/4 of 2008/2002, wherein Reference
Court had determined market value of land at the rate of 2,76,760/- per
bigha for all categories and classification of land.
5. The Land reference Court has decided the reference petitions
by passing a common award in Reference Petition No. 47-S/4 of 2008/02
titled Karam Chand and others versus State of H.P and another and other
connected Reference Petitions, including Reference Petition No. 55-S/4
of 2008/02 titled Pritam Singh and others versus State of H.P and
another, and 56-S/4 of 2008/02 titled Chandu Lal and another versus
.
State of H.P and another, arising out of same acquisition proceedings.
6. Appellant-State had assailed all these awards, passed by
Reference Court, referred supra, by filing various appeals including the
present appeals as well as RFA No. 330 of 2008 titled State of Himachal
Pradesh and another versus Pritam Singh and others, alongwith other
connected appeals.
7. to
It is an admitted and undisputed fact that RFA No. 330 of 2008
alongwith connected appeals, has been dismissed by a Co-ordinate
Bench of this Court vide judgment dated 3.6.2016.
8. It is also admitted fact that Appeals bearing No. 352, 353 and
354 of 2000, arising out of the same acquisition proceedings initiated
under one and the same notification issued under Section 4 of the Act,
have been decided on 27.8.2007, holding that land owners were entitled
for compensation at uniform rate of the land @ Rs.2,76,760/- per bigha,
irrespective of classification of the land acquired alongwith consequential
statutory benefits.
9. It is fairly submitted by the learned counsel for the parties that
present cases are also squarely covered by the aforesaid judgment.
10. In view of above, judgment passed in RFA No. 330 of 2008 shall
be mutatis mutandi applicable to the present cases/appeals, also.
Therefore, respondents are entitled for compensation at the uniform value
of the land i.e at the rate of Rs.2,76,760/- per bigha irrespective of its
.
classification alongwith all statutory benefits like other claimants in
similarly situated cases.
All pending applications are disposed of as such.
29th November, 2021 (Vivek Singh Thakur),
(priti) Judge.
r to
