Union of India (UOI) Vs Sh. Sita Ram and Others

High Court of Himachal Pradesh 1 Sep 2011 Regular First Appeal No. 287 of 2005 (2011) 09 SHI CK 0266
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Regular First Appeal No. 287 of 2005

Hon'ble Bench

Surinder Singh, J

Final Decision

Dismissed

Acts Referred

Land Acquisition Act, 1894 — Section 18, 4

Judgement Text

Translate:

Surinder Singh, J.@mdashThe above titled petitions were disposed of by the Learned Reference Court by a same award passed in Reference

petition No. 32 of 1999 decided on 26.7.2003 along with other petitions.

2. In fact, the reference petitions were filed by the Respondents herein u/s 18 of the Land Acquisition Act, 1894, in short ''the Act'', against award

No. 1 of 1998 dated 19.3.1998 passed by the Land Acquisition Collector which were sent for the determination of the Court. The Reference

Court enhanced the award passed by the Land Acquisition Collector against which the Appellant filed the present appeals.

3. The land of the Respondents was acquired vide notification dated 16.11.1994 issued u/s 4 of the Act, which involved the land of various

persons, including the Respondents. The Land Acquisition Collector passed award No. 1 of 1998 and the Reference Court enhanced the value of

land from Rs. 52,500/- per bigha to Rs. 60,000 per bigha. The Appellants herein challenged it by filing separate appeals, in the High Court. This

Court in RFA No. 430 of 2004, Union of India v. Damodar Dass and Anr., on relying upon the evidence of the claimant therein upheld the award

passed by the Reference Court. This ratio was applied by this Court in RFA No. 291 of 2005 (Union of India v. Mangat Ram and Ors.) decided

on 14.5.2009 arising out of the same notification u/s 4 of the Act, as is involved in the present appeals. The impugned land being covered by the

same notification and same award of the Land Acquisition Collector as admitted by the Learned Counsel for the parties, therefore, I see no reason

to interfere with the same impugned award in view of the judgment passed in connected matters by this Court. Hence, the appeals filed by the

Appellant are hereby dismissed.

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