State of H.P. and Others vs Smt. Begma Devi and Another

Dev Darshan Sud, J.—These two appeals arise from a common judgment passed by the learned Reference Court in seven Reference Petitions. Separate appeals have been preferred by the State against the judgment of the learned Reference Court.

Before adverting to the facts on merits, the undisputed facts are that in Reference Petition No. 22 of 1999/93, titled: Het Ram and Anr. v. State of H.P. and Ors., an application u/s 151 of the CPC was moved for consolidating this case with Jivat Ram and Ors. v. State of H.P. and Ors., Ram Lal and Ors. v. State of H.P. and Ors., Padam Singh v. State of H.P. and Ors., Begma Devi and Ors. v. State of H.P. and Ors. and Mohar Singh and Anr. v. State of H.P. and Ors. etc. This application was not opposed and was allowed by the learned Reference Court on 4.10.1994. All the cases involved the same notification u/s 4 of the Land Acquisition Act issued for the same purpose. Thereafter, a common award has been passed. in seven Reference The particulars of the cases consolidated are set out hereinbelow:

----------------------------------------------------------------------------------- Sr. No. Name of parties Reference No. Appeal in High Court ----------------------------------------------------------------------------------- 1. Het Ram and Anr. v. State 22/1999/93 RFA No. 2/2001 alongwith of H.P. and Ors. Cross Objection No. 64/2001, decided on 19.11.2009. ----------------------------------------------------------------------------------- 2. Jivat Ram and Ors. v. State 51/1999/93 RFA No. 103/2001, decided of H.P. and Ors. alongwith RFA No. 2 of 2001. ----------------------------------------------------------------------------------- 3. Padam Singh v. State of H.P. 16/1999/93 and Ors. ----------------------------------------------------------------------------------- 4. Mohar Singh and Anr. v. 15/1999/93 State of H.P. and Ors. ----------------------------------------------------------------------------------- 5. Ram Lal and Ors. v. State 58/1999/93 Subject matter of the of H.P. and Ors. present appeal. ----------------------------------------------------------------------------------- 6. Begma Devi and Anr. v. 299/1999/93 Subject matter of the State of H.P. and Ors. present appeal. -----------------------------------------------------------------------------------

As would be apparent and evident, by judgment dated 19th November, 2009, RFA No. 2 of 2001, titled: State of H.P. and Ors. v. Het Ram and Anr. and RFA No. 103 of 2001, titled: State of H.P. and Ors. v. Jivat Ram and Ors., have been disposed of by this Court by a common judgment. It is undisputed before me that it is the same Notification, for the same purpose, in the appeals decided and in the present appeals. The same arguments have been advanced by the learned Advocate General in these appeals as were addressed in the two appeals, namely, RFA No. 2 of 2001 and 103 of 2001. I am not persuaded to take a different view. The appeals are dismissed for the reasons as given in RFA Nos. 2 of 2001 and 103 of 2001. There shall be no order as to costs.

Cross Objections No. 111 of 2001 in RFA No. 360 of 2000 and Cross Objections No. 102 of 2001 in RFA No. 3 of 2001:

Cross objections have been considered in detail on the same evidence which was in the Reference Petitions. Cross Objections are allowed. A flat rate of Rs. 1,02,000/- per Bigha is granted to the claimants (as allowed in RFA Nos. 2 of 2001 and 103 of 2001). The claimants-Respondents will be entitled to all the other statutory benefits and increases. Cross Objections are accordingly disposed of.

All miscellaneous applications are disposed of. Let a copy of the judgment in RFA 2/2001 and 103 of 2001 be placed on the record of this case and the connected appeal.