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High CourtsSingle Bench(2022) 12 SHI CK 0016

Sub Divisional Officer (Civil)-Cumland Acquisition Collector, Kangra, H.P. And Another vs Bhagwan Dass

High Court Of Himachal Pradesh · Decided on 8 December 2022

HON’BLE JUDGES
Satyen Vaidya, J
RESULT
Disposed Of
CASE NUMBER
Regular First Appeal No. 306 Of 2011
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Judgment

6 paragraphs · 314 words

Satyen Vaidya, J

1.

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.

2.

Undisputedly, the claimants land situated in Mohal Sanouran, Mauza Dhugiari, Tehsil and District Kangra, H.P. came to be acquired for public purpose, namely, ‘extension of 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.

3.

Aggrieved against the award of Land Acquisition Collector, claimants filed Land Reference Petition, which came to be registered as Reference Petition No. 19-K/2005/03 in the court of learned Additional District Judge, Fast Track Court, Kangra at Dharamshala. Learned Reference Court 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.

4.

It is not in dispute that appeals arising out of similarly situated claimants, as also very same acquisition proceedings arising out of the same notification under Section 4 of the Act, stands decided by this Court vide a judgment dated 05.12.2019, in RFA No. 123 of 2009, titled State of Himachal Pradesh and another vs. Porkhi Ram, alongwith connected matters.

5.

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 said judgment. The directions issued in RFA No. 123 of 2009, case titled Porkhi Ram (supra) shall mutatis-mutandis apply to the instant case also. Pending miscellaneous application(s), if any, also stands disposed of.