STATE OF H.P. Vs. MADAN LAL

JUDGEMENT

(1.) Both these applications for adjudication of common question of fact and law are being decided by this common order.

(2.) These applications have been filed for condonation of delay of 2 years, 1 month and 8 days in filing the Review Petitions against common judgment dtd. 20/12/2017 passed in RFA No.249 of 2011 with Cross Objection No.450 of 2011, titled as State of H.P. and others vs. Madan Lal and others and RFA No.250 of 2011 with Cross Objection No.451 of 2011, titled as State of H.P. and others vs. Kanshi Ram and others, whereby appeals filed by the State against common Award passed by the Reference Court in Land Reference Petition Nos.144 and 146 of 2008, were dismissed and Cross Objections filed by the respondents/Cross Objectors were allowed, by upholding the value of the land determined by the Reference Court @ Rs.7,00,000.00 per bigha for all categories of land irrespective of its classification alongwith other consequential benefits in accordance with provisions of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') and by awarding additional interest of 15% per annum on the market value of the land fixed by Reference Court since 1/1/1989 till the date of Notification under Sec. 4 of the Act, i.e. 28/7/2006 as damages for utilization of land for construction of road.

(3.) The plea taken to justify the applications for condonation of delay is that in 19 similar situated RFAs, a judgment was passed on 31/7/2017. The Department had filed Special Leave Petitions (SLPs) before the Supreme Court, and all those 19 cases were remanded vide order dtd. 14/8/2019 passed by Supreme Court in Civil Appeal No.6308 of 2019, titled as State of Himachal Pradesh and others vs. Kanshi Ram and others, and other connected matters, and at that time Department came to learn about the decision dtd. 20/12/2017 passed in present matters, but no copy of judgment was made available to the Department.