Allowed

Gm Northern Railways v. Kishan Chand

Himachal Pradesh HC1 Aug 2018RFA/4086/2013

Case brief

AI extract

What is this about?

The High Court of Himachal Pradesh allowed appeals filed under Section 54 of the Land Acquisition Act, 1894. The Court quashed the award dated 29.02.2012 passed by the Additional District Judge, Una, and remanded the matters back to the Reference Court for revival of the reference petitions. The Court directed the Reference Court to decide the matters within six months.

What did the court decide?

The impugned award dated 29.02.2012 was quashed and set aside, and the reference petitions were revived to be disposed of by the Reference Court within six months.

Gm Northern Railways Vs Kishan Chand — Land Acquisition | Himachal Pradesh HC (2018)

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IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

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RFA No. 4085 of 2013 a/w RFA Nos.4086, 4087 & 4088 of 2013

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Date of Decision: 01.08.2018

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RFA No.4085 of 2013

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General Manager Northern Railway …Appellant.

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Versus

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Pradeep Singh Rana & others ..Respondents.

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RFA No.4086 of 2013

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General Manager Northern Railway …Appellant.

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Versus

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Kishan Chand & others ..Respondents.

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RFA No.4087 of 2013

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General Manager Northern Railway …Appellant.

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Versus

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Zulfi Ram & others ..Respondents. 4. RFA No.4088 of 2013

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General Manager Northern Railway …Appellant.

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Versus

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Paramjit Singh & others ..Respondents.

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Coram:

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The Hon’ble Mr. Justice Sanjay Karol, Acting Chief Justice. Whether approved for reporting?¹ No.

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For the Appellant: Mr. Rahul Mahajan, Advocate, for the appellant/Northern Railways. For the Respondents: Mr. Dheeraj K. Vashisht, for the private respondents.

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Mr.Ashok Sharma, Advocate General, with Mr.Adarsh Sharma, Additional

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1 Whether reporters of the local papers may be allowed to see the judgment?

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Advocate General & Ms.Svaneel Jaswal, Deputy Advocate General, for the respondent-State.

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Sanjay Karol, ACJ

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In these appeals, so filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act), the beneficiary(ies) of the acquisition proceedings have assailed the award dated 29.02.2012, passed by learned Additional District Judge, Una, Fast Track Court, Una, District Una, H.P., in LAC Petition No.19/05-FTC-RBT-48/05/2005, titled as Dalip Singh (deceased) through his LRs vs. The Land Acquisition Collector (Railways) Una, H.P. & others, alongwith other connected matters.

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It is a common case of the parties that the award referred to and relied upon by the Reference Court in deciding the instant reference petitions, which was subject matter of challenge in RFA No.131 of 2012, titled as General Manager Northern Railway vs. Desh Raj & others, stands set aside with the matters being remanded back to the Reference Court.

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In view of the same, as jointly prayed for, these appeals are allowed with the impugned award dated 29.02.2012, passed by learned Additional District Judge, Una, Fast Track Court, Una, District Una, H.P., in LAC Petition No.19/05-FTC-RBT-48/05/2005, titled as Dalip Singh

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(deceased) through his LRs vs. The Land Acquisition Collector (Railways) Una, H.P. & others, alongwith other connected matters, being quashed and set aside and the matters being remanded back to the Reference Court with all the reference petitions No.19/05-FTC-RBT-48/05/2005, titled as Dalip Singh (Deceased) through his LRs vs. The Land Acquisition Collector (Railways) Una, H.P.; LAC Petition No.17/05-RBT/FTC45/05/2005, titled as Kishan Chand & others vs. The Land Acquisition Collector (Railways) Una, H.P.; LAC Petition No.13/05-RBT-FTC-56/05/2005, titled as Zulfi Ram & another vs. The Land Acquisition Collector (Railways) Una, H.P.; & LAC Petition No.20/2005-FTC-RBT-47/05/2005, titled as Paramjit Singh & others vs. The Land Acquisition Collector (Railways) Una, H.P., being revived.

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Parties undertake to appear before the Reference Court on 10.08.2018, on which date, the matters shall be adjourned, enabling the parties to move appropriate applications, seeking liberty to lead additional evidence (ocular or documentary) only in support of the material already on record. Since the acquisition proceedings pertain to the year 2000-2001, as such, the Reference Court, shall decide the same expeditiously and preferably within a period of six months.

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In view of the above, present appeals stand

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disposed of, so also pending application(s), if any.

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August 1, 2018 (Purohit/PK)

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(Sanjay Karol), Acting Chief Justice.

Gm Northern Railways v. Kishan Chand

Case brief

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Gm Northern Railways v. Kishan Chand

Case brief

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