This appeal against a land acquisition award was disposed of by applying the principles of a prior sister appeal (RFA No. 123 of 2009, State of Himachal Pradesh vs. Porkhi Ram) as the issues were identical.
The appeal was disposed of in terms of the judgment in RFA No. 123 of 2009; directions applied mutatis mutandis.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RFA No. 306 of 2011. Reserved on: 24.11.2022 Decided on: 08.12.2022
_________________________________________________________________ Sub Divisional Officer (Civil)-cumLand Acquisition Collector, Kangra, H.P. and another. .......Appellants Versus Bhagwan Dass …....Respondent
Coram:
The Hon’ble Mr. Justice Satyen Vaidya, Judge.
Whether approved for reporting?1 No
| For the appellants: | Mr. Desh Raj Thakur Additional |
|---|---|
| Advocate General, with Mr. Narender | |
| Thakur, Deputy Advocate General and | |
| Mr. Manoj Bagga, Assistant Advocate General. |
|
For the respondent: |
None. |
Satyen Vaidya, Judge
The instant appeal has been preferred by the appellants against award dated 12.11.2009 passed by learned Additional Distrct Judge, Fast Track Court, Kangra at Dharamshala, H.P. in Reference Petition No. 19-K/2005/03.
1 Whether the reporters of the local papers may be allowed to see the Judgment?
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Airport at Gaggal’. The notification under Section 4 of the Land Acquisition Act (for short, ‘the Act’) was issued on 28.06.1999.
The Land Acquisition Collector passed the award on 7.9.2000. It is not in dispute that the Land Acquisition Officer offered the
market value of acquired land at different rates, classifications/category-wise.
court of learned Additional District Judge, Fast Track Court, Kangra at Dharamshala. Learned Reference re-determined the market value of the acquired land vide impugned award dated 12.11.2009 at the rate of Rs.750/- per square meter on uniform basis irrespective of the classification and category of the land.
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decision, for the issues involved are identical. This fact is not disputed. As such, the present appeal stands disposed of in terms of the said judgment. The directions issued in RFA No.
123 of 2009, case titled Porkhi Ram (supra) shall mutatismutandis apply to the instant case also. Pending miscellaneous application(s), if any, also stands disposed of.
(Satyen Vaidya) 8th December, 2022. Judge ( GR )
2 issues framed by the court
Whether the present appeal, being squarely covered by a prior decision (RFA No. 123 of 2009), stands to be disposed of in terms of that judgment.
Whether directions issued in the sister appeal (Porkhi Ram) mutatis mutandis apply to the instant case involving identical issues.
Colour shows how this judgement treated each authority
State of Himachal Pradesh and another vs. Porkhi RamApplied¶19
RFA No. 123 of 2009
1 provisions across 1 enactments
Sub Divisional Officer (Civil)-cum Land Acquisition Collector, Kangra, H.P. and another
Bhagwan Dass
Satyen Vaidya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Satyen Vaidya
Parties & counsel
