Himachal Pradesh High Court
Railway vs Unknown on 13 May, 2022
Bench: Tarlok Singh Chauhan
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 13th DAY OF MAY, 2022
BEFORE
.
HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
REGULAR FIRST APPEALs NO. 248/2015, 249 of 2015,
250/2015, 251/2015, 252/2015, 253/2015 and 254/2015
RFA NO.248 of 2015
BETWEEN:
CHIEF
CONSTRUCTION1
r to
GENERAL MANAGER, NORTHERN
RAILWAY, NEW DELHI THROUGH
DEPUTY ENGINEER,
NORTHERN
RAILWAY, CHANDIGARH (UT) INDIA
...APPELLANT
(BY MR. RAHUL MAHAJAN,
ADVOCATE)
AND
1. KARAM CHAN SON OF
SH. SADHU RAM, R/O
VILLAGE TEURI TEHSIL
AND DISTRICT UNA (H.P.)
2. LAND ACQUISITION
COLLECTOR, RAILWAY
UNA(H.P.)
3. STATE OF HIMACHAL
PRADESH THROUGH
COLLECTOR UNA (H.P.)
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2
...RESPONDENTS
(BY MR. SANJEEV KUMAR MOTA, ADVOCATE
VICE COUNSEL FOR RESPONDENT NO. 1 )
.
(MR. VINOD THAKUR, ADDITIONAL ADVOCATE
GENERAL AND MR. RAJAT CHAUHAN, LAW
OFFICER FOR RESPONDENTS NO. 2 AND 3
RFA NO. 249 OF 2015
BETWEEN:
GENERAL MANAGER, NORTHERN
RAILWAY, NEW DELHI THROUGH
DEPUTY CHIEF ENGINEER,
CONSTRUCTION1 NORTHERN
RAILWAY, CHANDIGARH (UT) INDIA
...APPELLANT
(BY MR. RAHUL MAHAJAN,
ADVOCATE)
AND
1. SADA RAM SON OF SHRI MUNSHI
2. KABUL CHAND S/O SH. MUNSHI
3. GURDIAL S/O SH. MUNSHI
4. SMT. MAYA DEVI, WIFE OF SHRI GURDIAL SINGH
ALL R/O VILLAGE BASAL, TEHSIL AND DISTRICT
UNA(H.P.)
5. LAND ACQUISITION COLLECTOR RAILWAY UNA
(H.P.)
6. STATE OF HIMACHAL PRADESH THROUGH
COLLECTOR UNA, H.P.
RESPONDENTS
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3
(BY MR. SANJEEV KUMAR MOTA, ADVOCATE
VICE COUNSEL FOR RESPONDENTS NO. 1 TO 4)
(MR. VINOD THAKUR, ADDITIONAL ADVOCATE
GENERAL AND MR. RAJAT CHAUHAN, LAW
.
OFFICER FOR RESPONDENTS NO. 5 AND 6)
RFA NO. 250 OF 2015
BETWEEN:
GENERAL MANAGER, NORTHERN
RAILWAY, NEW DELHI THROUGH
DEPUTY CHIEF ENGINEER,
CONSTRUCTION1 NORTHERN
RAILWAY, CHANDIGARH (UT) INDIA
...APPELLANT
(BY MR. RAHUL MAHAJAN,
ADVOCATE)
AND
1. SADA RAM SON OF SHRI MUNSHI
2. KABUL CHAND S/O SH. MUNSHI
3. GURDIAL S/O SH. MUNSHI
4. RAMJI DASS SON OF SH. AMIN CHAND,
ALL RESIDENTS OF VILLAGE BASAL, TEHSIL AND
DISTRICT UNA, (H.P.)
5. LAND ACQUISITION COLLECTOR RAILWAY UNA
(H.P.)
6. STATE OF HIMACHAL PRADESH THROUGH
COLLECTOR UNA, H.P.
RESPONDENTS
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4
(BY MR. SANJEEV KUMAR MOTA, ADVOCATE
VICE COUNSEL FOR RESPONDENTS NO. 1 TO 4)
(MR. VINOD THAKUR, ADDITIONAL ADVOCATE
GENERAL AND MR. RAJAT CHAUHAN, LAW
.
OFFICER FOR RESPONDENTS NO. 5 AND 6)
RFA NO. 251 OF 2015
BETWEEN:
GENERAL MANAGER, NORTHERN
RAILWAY, NEW DELHI THROUGH
DEPUTY CHIEF ENGINEER,
CONSTRUCTION1 NORTHERN
RAILWAY, CHANDIGARH (UT) INDIA
...APPELLANT
(BY MR. RAHUL MAHAJAN,
ADVOCATE)
AND
1.RAMJI DASS SON OF SH. AMIN
CHAND
2. SMT. RAJNI DAUGHTER OF SH.
AMIN CHAND
3. SMT. SATYA DEVI WIDOW OF
SH. AMIN CHAND
4. LAND ACQUISITION COLLECTOR RAILWAY UNA (H.P.)
5. STATE OF HIMACHAL PRADESH THROUGH
COLLECTOR UNA, H.P.
RESPONDENTS
(BY MR. SANJEEV KUMAR MOTA, ADVOCATE
VICE COUNSEL FOR RESPONDENTS NO. 1 TO 3)
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5
(MR. VINOD THAKUR, ADDITIONAL ADVOCATE
GENERAL AND MR. RAJAT CHAUHAN, LAW
OFFICER FOR RESPONDENTS NO. 4 AND 5)
.
RFA NO. 252 OF 2015
BETWEEN:
GENERAL MANAGER, NORTHERN
RAILWAY, NEW DELHI THROUGH
DEPUTY CHIEF ENGINEER,
CONSTRUCTION1 NORTHERN
RAILWAY, CHANDIGARH (UT) INDIA
...APPELLANT
(BY MR. RAHUL MAHAJAN,
ADVOCATE)
AND
1. SADA RAM SON OF SH. MUNSHI
2. KABUL CHAND S/O SH. MUNSHI
3. GURDIAL S/O SH. MUNSHI
ALL R/O VILLAGE BASAL, TEHSIL AND
DISTRICT UNA (H.P.)
4. LAND ACQUISITION COLLECTOR RAILWAY
UNA(H.P.)
5. STATE OF HIMACHAL PRADESH THROUGH
COLLECTOR UNA (H.P.)
...RESPONDENTS
(BY MR. SANJEEV KUMAR MOTA, ADVOCATE
VICE COUNSEL FOR RESPONDENTS NO. 1 TO 3)
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6
(MR. VINOD THAKUR, ADDITIONAL ADVOCATE
GENERAL AND MR. RAJAT CHAUHAN, LAW
OFFICER FOR RESPONDENTS NO. 4 AND 5)
RFA NO. 253 OF 2015
.
BETWEEN:
GENERAL MANAGER, NORTHERN
RAILWAY, NEW DELHI THROUGH
DEPUTY CHIEF ENGINEER,
CONSTRUCTION1 NORTHERN
RAILWAY, CHANDIGARH (UT) INDIA
(BY MR.
ADVOCATE)
RAHUL
r to ...APPELLANT
MAHAJAN,
AND
1. SAHIB DEEN SON OF SH. KARAM DEEN
2. LAND ACQUISITION COLLECTOR RAILWAY
UNA(H.P.)
3. STATE OF HIMACHAL PRADESH THROUGH
COLLECTOR UNA (H.P.)
...RESPONDENTS
(BY MR. SANJEEV KUMAR MOTA, ADVOCATE
VICE COUNSEL FOR RESPONDENTS NO. 1 )
(MR. VINOD THAKUR, ADDITIONAL ADVOCATE
GENERAL AND MR. RAJAT CHAUHAN, LAW
OFFICER FOR RESPONDENTS NO. 2 AND 3)
RFA NO. 254 OF 2015
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7
BETWEEN:
GENERAL MANAGER, NORTHERN
RAILWAY, NEW DELHI THROUGH
.
DEPUTY CHIEF ENGINEER,
CONSTRUCTION1 NORTHERN
RAILWAY, CHANDIGARH (UT) INDIA
...APPELLANT
(BY MR. RAHUL MAHAJAN,
ADVOCATE)
AND
1. RATTAN CHAND S/O FAZLA
R/O VILLAGE BASAL, TEHSIL AND DISTRICT
UNA (H.P.)
2. LAND ACQUISITION COLLECTOR RAILWAY
UNA(H.P.)
3. STATE OF HIMACHAL PRADESH THROUGH
COLLECTOR UNA (H.P.)
...RESPONDENTS
(BY MR. SANJEEV KUMAR MOTA, ADVOCATE
VICE COUNSEL FOR RESPONDENTS NO. 1 )
(MR. VINOD THAKUR, ADDITIONAL ADVOCATE
GENERAL AND MR. RAJAT CHAUHAN, LAW
OFFICER FOR RESPONDENTS NO. 2 AND 3)
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8
These appeals coming on for order this day, this Court
passed the following:
JUDGMENT
.
The parties are ad-idem that the issue involved in all these
appeals is squarely covered by a judgment rendered by a coordinate
Bench of this Court in RFA No. 147 of 2010, titled as, "General
Manager, Northern Railway versus Mani Ram and others" and
connected matters, decided on 20.9.2016.
2. For the reasons stated in the aforesaid decision, which
shall mutatis mutandis apply to the instant appeals, the same are
disposed of and the claimants shall be entitled to Rs. 80,000/- per
kanal alongwith all other statutory benefits. Pending application(s), If
any, are also disposed of.
(Tarlok Singh Chauhan)
Judge
13.5.2022
Kalpana
