GENERAL MANAGER NORTHERN RAILWAY Vs. OM PRAKASH

JUDGEMENT

(1.) Learned Additional District Judge, Fast Track Court, Una, District Una, in various Land References, is under challenge in these appeals. This appeal and the connected RFA Nos.179/2010, 180.2010, 183/2010, 192/2010, 405/2010 and 479/2010 have been preferred by General Manager, Northern Railway respondent No.2 before learned Reference Court, whereas RFA Nos. 172/2010, 173/2010, 175/2010, 176/2010 and 177/2010 by Satish Kumar etc., claimants in Reference Petition No.3/05/03, Joginder Kumar and another, claimants in Reference Petition No.15/05/03, Santosh Kumar and others, claimants in Reference Petition No.2/05/03, Bimla Devi and another, claimants in Reference Petition No. 20/05/03 and Om Prakash and others, claimants in Reference Petition No.62/06/03, respectively.

(2.) While respondent No. Northern Railway is aggrieved by the determination of the market value of the acquired land at the rate of Rs.55,000.00 per Kanal by learned Reference Court below, the grouse of the claimants, as aforesaid, in a nutshell is that the market value so determined is highly inadequate, as according to them, the same should have been determined as Rs.50,000.00 per Kanal and the compensation awarded to them accordingly. Therefore, while respondent No. has sought the relief of quashing the award, the above said claimants have sought the determination of the market value of the acquired land at the rate of Rs.50,000.00 per Kanal and award of compensation to them, together with all statutory benefits accordingly.

(3.) It is a matter of record that the 1st respondent has acquired the land belonging to the claimants situate in villages Dangera, Kotla Khurd and Rainsary, Tehsil and District Una for the public purpose, namely, laying of Nangal-Talwara Broad Gauge railway line. Notification under Sec. 4 of the Land Acquisition Act issued on 21.1998 came to be published in the official gazette on 26.1998. The 1st respondent in the Court below, the Land Acquisition Collector (Railway) had assessed the market value of different categories of acquired land separately and awarded the compensation accordingly vide award dated 18.9.2000. In terms of the award under challenge, learned Reference Court, has, however, redetermined the market value of the all categories of acquired land at flat rate i.e. Rs.55,000.00 per Kanal, irrespective of its category and classification. The compensation with respect to the structures/houses built up on the acquired land came to be re-determined separately. The compensation qua the acquired land and the structures/houses in existence thereon, so determined by the 1st respondent, was paid to the claimants accordingly. The correctness of the award, as pointed out at the outset, is the subject matter of dispute in these appeals preferred by the parties on both sides.