Disposed

State v. Vijay Kumar

Himachal Pradesh HC8 Dec 2022RFA/131/2013

Case brief

AI extract

What is this about?

The High Court disposed of the appeal against the Land Acquisition Collector's award issue a common judgment for a Clubbed reference case. The Court found the present issues identical to those in earlier decisions by coordinate benches, applying the principles of RFA No. 953 of 2012 and others.

What did the court decide?

Appeal disposed of in terms of judgment dated 01.06.2016 in RFA No. 953 of 2012 and judgment dated 03.08.2018 in RFA Nos. 118 of 2013 to 130 of 2013.

State Vs Vijay Kumar — Land Acquisition | Himachal Pradesh HC (2022)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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RFA No. 131 of 2013. Reserved on: 24.11.2022 Decided on: 08.12.2022

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_________________________________________________________________ State of Himachal Pradesh and others

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.......Appellants Versus Vijay Kumar …....Respondent

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Coram:

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The Hon’ble Mr. Justice Satyen Vaidya, Judge.

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Whether approved for reporting?¹ No

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For the appellants:	Mr. Des	h Raj	Thakur	Additional
	Advocate	Genera	l, with	Mr. Manoj
	Bagga, As	sistant	Advocate	General.
For the respondent:	None.

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Satyen Vaidya, Judge

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By way of instant appeal, the award dated 03.05.2012 passed by learned Additional District Judge (II), Kangra at Dharamshala, H.P. in RBT Reference Case No. 37-J/2011/2006 has been assailed by the beneficiaries. The various lands came to be acquired in Mohal and Mauza Rajpalwan, Tehsil Fatehpur, District Kangra for construction of ‘Shah Nehar Project’. The notification under Section 4 of the Land Acquisition Act (for short, ‘the Act’) was published in H.P. Rajpatra on 20.02.1999.

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

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The Land Acquisition Collector passed the award on 29.01.2002.

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The respondent herein was awarded compensation to the tune of Rs.12406/- against 0-01-70 hectares of land acquired for the abovementioned public purpose.

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Dis-satisfied with the award of Land Acquisition Collector, the respondent herein preferred Reference Petition under Section 18 of the Land Acquisition Act, which was registered as RBT Reference Case No. 34-J/2011/2006 in the court of learned Additional District Judge (II), Kangra at Dharamshala. The aforesaid reference case was clubbed with other reference cases bearing Nos.37-J/2011/2006,

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35-J/2011/2006, 38-J/2011/2006, 39-J/2011/2006, 40-J/2011/2006, 42-J/2011/2006, 44-J/2011/2006, 45-J/2011/2006, 43-J/2011/2006, 32-J/2011/2006,

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33-J/2011/2006, 36-J/2011/2006 and 41-J/2011/2006.

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The learned Additional District Judge (II), Kangra at Dharamshala vide a common award dated 03.05.2012, decided all the above referred reference cases including Reference case No. 34-J/2011/2006, which is the subject matter of instant appeal.

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The Land Acquisition Collector had assessed the market value of acquired land at different rates,

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classifications/category-wise. The reference Court, however, redetermined the market value of acquired land vide impugned award dated 03.05.2012 and assessed the same at the rate of Rs.7.5 lacs per hectare on uniform basis irrespective of the classifications and category of the land.

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It is not disputed that the appeals arising out of the award dated 03.05.2012 passed by learned Additional District Judge (II), Kangra at Dharamshala in reference cases Nos.37-J/2011/2006, 35-J/2011/2006, 38-J/2011/2006, 39-J/2011/2006, 40-J/2011/2006, 42-J/2011/2006, 44-J/2011/2006, 45-J/2011/2006, 43-J/2011/2006, 32-J/2011/2006, 33-J/2011/2006, 36-J/2011/2006 and 41-J/2011/2006 stands decided by a common judgment passed by a co-ordinate Bench of this Court on 03.08.2018 in RFA Nos. 118 of 2013 to 120 of 2013 and 123 of 2013 to 130 of 2013. The aforesaid appeals had arisen out of similarly situated claimants, as also very same acquisition proceedings, arising out of very same notification under Section 4 of the Act vide aforesaid judgment dated 03.08.2018 of this Court. The fact of matter is

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that vide judgment dated 01.06.2016, passed in RFA No. 953 of 2012, titled as Land Acquisition Collector & another vs. Jatinder Singh, alongwith other connected matters, another appeal arising out of the same acquisition proceedings was also decided by a co-ordinate of this Court and on the basis of said judgment, RFA No.118 of 2013 to 120 of 2013 and 123 of 2013 to 130 of 2013 were also decided.

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The present appeal is squarely covered by the said decision, for the issues involved are identical. This fact is not disputed. As such, the present appeal stands disposed of, in terms of the judgment dated 01.06.2016 passed in RFA No. 953 of 2012, titled as Land Acquisition Collector & another vs. Jatinder Singh and judgment dated 03.08.2018 passed in RFA No. 118 of 2013 to 120 of 2013 and 123 of 2013 to 130 of 2013. The directions issued in the aforesaid judgments shall mutatis mutandis apply to the instant case also. Pending application(s), if any, also stand disposed of accordingly.

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(Satyen Vaidya) 8^th December, 2022. Judge ( GR )

State v. Vijay Kumar

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State v. Vijay Kumar

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