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2013 Supreme(HP) 397

A.M.KHANWILKAR, R.B.MISRA
GENERAL MANAGER – Appellant
Versus
NASIB DEVI – Respondent


Advocates:
Advocate Appeared
ANAND SHARMA, HIMMAT NEGI, AJAY SHARMA, SHRAWAN DOGRA, J.K.VERMA

JUDGMENT

A.M.KHANWILKAR, J.

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?

2. THE brief facts leading to these matters are as follows:-

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:-

(a) Barani and Abadi Rs.4,000 per Kanal (b) Banjar Kadim Rs.2,000 per Kanal (c) Gair Mumkin Rs.1,000 per Kanal

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
































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