Dismissed

Gm Northern Railways v. Ram Saroop

Himachal Pradesh HC6 Nov 2017RFA/469/2012

Case brief

AI extract

What is this about?

This single judge dismissal dismissed an appeal regarding land compensation by relying entirely on a previously decided appeal in RFA No.359 of 2010 dealing with the same compensation award and facts, finding the earlier judgment had attained finality.

What did the court decide?

The appeal was dismissed; parties to bear their own costs; pending application disposed of; copy of RFA 359 of 2010 judgment recorded.

Gm Northern Railways Vs Ram Saroop — Land Acquisition | Himachal Pradesh HC (2017)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

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RFA No.469 of 2012. Date of decision: 06.11.2017.

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General Manager, Northern R	ailway …..Appellant.
Ver Ram Saroop and others	sus ….Respondents.
Coram The Hon’ble Mr. Justice Whether approved for reporti	Tarlok Singh Chauhan, Judge. ng?¹No
For the Appellant :	Mr. Prince Chauhan, Advocate vice Mr.Rahul Mahajan, Advocate.
For the Respondents :	Mr.Lakshay Thakur, Advocate, respondent No.1.	for
	Mr.Neeraj K.Sharma, Dy.A.G., respondents No.2 and 3.	for

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Tarlok Singh Chauhan, Judge (Oral).

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Challenge herein has been laid to the award passed by the learned Additional District Judge, Una, on 14.06.2011, whereby it granted uniform compensation of 50,000/- per kanal in all types of land acquired for construction of the railway line from ‘Nangal to Talwara’, situated in Village Takka. A perusal of the award, more particularly, para-23 thereof, would reveal that the entire genesis and foundation of this award is based on earlier award dated 31.05.2010 Ex.PW-1/M wherein also the market rate of the acquired land in Village Takka was assessed at 50,000/- per kanal, irrespective of its class, kind or category. 2. It is not in dispute that the award Ex.PW-1/M was also assailed by the appellant before this Court in RFA No. 359 of 2010 and the same was dismissed by this Court vide judgment dated 19^th

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1 Whether reporters of Local Papers may be allowed to see the Judgment ?Yes

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November, 2014. It is further not disputed by the learned vice counsel for the appellant that the judgment so rendered in RFA No. 359 of 2010 has attained finality as it was never assailed before the Hon’ble Apex Court.

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Therefore, in the given circumstances, the appeal deserves to be dismissed on the same reasons as contained in RFA No.359 of 2010.

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For the reasons contained in RFA No. 359 of 2010, which shall be read mutatis mutandis in the instant appeal, the same is dismissed, leaving the parties to bear their own costs. Pending application, if any, also stands disposed of. A copy of the judgment passed by this Court in RFA No. 359 of 2010 be placed on the records of this appeal.

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( Tarlok Singh Chauhan ) 6^th November, 2017. Judge. (krt)

Gm Northern Railways v. Ram Saroop

Case brief

What is this about?

What did the court decide?

Gm Northern Railways v. Ram Saroop

Case brief

What is this about?

What did the court decide?

What the court decided

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