GENERAL MANAGER Vs. NASIB DEVI

JUDGEMENT

(1.) All these matters involve common question. As a result, the same are being disposed of by this common judgment. The question is, whether successive application by the same claimant under Section 28A(1) of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) is maintainable? The brief facts leading to these matters are as follows:-

(2.) The State of Himachal Pradesh vide single Notification dated 20th October, 1984 acquired certain pieces of land, including that of the respondent(s) in appeals and the petitioner(s) in CMPMO (for short, "claimants herein"), situated in Village Tabba, Tehsil and District Una, HP, for construction of B.G. Railway line from Nangal Dam to Talwara. The Land Acquisition Collector announced the award on 15th May, 1986 and fixed the market value of different kinds of land as under:-

(3.) Reference Petition under Section 18 of the Act claiming higher compensation, on various grounds, was filed by several land owners other than the claimants herein. In all, six cases were registered separately as Land Reference Petitions No. 22 of 1987, 14 of 1987, 16 of 1987, 24 of 1987, 25 of 1987 and 27 of 1987 and were decided by the District Judge in terms of its award dated 27th May, 1988, who reassessed the value of land, in addition to statutory payment of solatium and interest, as under:-