IN THE HIGH COURT OF HIMACHAL PRADESH AT

SHIMLA

RFAs No. 276 to 278 of 2019,

184 of 2021 & 85 of 2022

Reserved on: 20.12.2025 Date of decision: 05.01.2026

_______________________________ _________________

1. RFA No. 276 of 2019: f

General Manager Northern Railway …..Appellant.

Versus

Hari Chand & others

……Respondents.

2. RFA No. 2u77 of 2019:

General Manager Northern Railway …..Appellant.

Versus

Raj Kumar (since deceased through LRs) & others

……Respondents.

3 . RFA No. 278 of 2019:

General Manager Northern Railway …..Appellant.

Versus

Gurdial Chand (since deceased through LRs) & another

……Respondents.

4. RFA No. 184 of 2021:

General Manager Northern Railway …..Appellant.

Versus

Banwari Lal & others

……Respondents.

5. RFA No. 85 of 2022:

General Manager Northern Railway …..Appellant.

Versus

Parwati (since deceased through LRs) & others

……Respondents.

________________________________________________

Coram The Hon'ble Mr. Justice Sushil Kukreja, Judge.

1 Whether approved for reporting?

For the appellant(s): Mr. Shiv Pal Manhas, Senior Panel counsel.

For the respective respondents: Mr. Y.P. Sood, Advocate, for responden ts No. 1 & 2, in RFA No. 276 of 2019, for respondents No. 1(q) to 1(c) and 2, in RFA No. 277 of 2019, for respondents No. 1(a) & 1(b), in RFa No. 278 of 2019 and for respondents No. 1 to 4, in RFA No. 184 of 2021.

Ms. Vandana Thakur and Mr.

Rupankush Nagal, Advocates, vice Mr. Surinder Saklani, Advocate, for respondents No.

1(a) to 1(f), in RFA No. 85 of

2022.

Sushil Kukreja, Judge.

Since all these appeals are interlinked, as the same are offshoots of Award, dated 10.10.2017, passed by learned District Judge, Una, District Una, H.P. (hereinafter referred to as the “learned Reference Court”) and the land in question was acquired for the same public purpose, i.e., for laying Nangal-Talwara Broad Gauge Railway Line, they are being taken up together for disposal.

2. The instant appeals have been filed by the

1 Whether reporters of Local Papers may be allowed to see the judgment?

appellant-General Manager, Northern Railway, under Section 54 of the Land Acquisition Act, 1894 (for short “the Act”), assailing award dated 10.10.2017, passed by the learned Reference Court, in different reference petitions filed by the petitioners/claimants.

3. The brief facts giving rise to the instant appeals are that Department of Planning, issued a notification under Section 4 of the Act for construction and laying of Nangal- Talwara Broad Gauge Railway Line, in revenue estate Hamboli, Tehsil Amb, District Una and had notified the following properties of the petitioners for acquisition:

4. The notification under Section 4 of the Act was issued on 01.12.2000, which was published in H.P. Government Gazette on 16.12.2000. Thereafter, notification under Section 6 of the Act was issued on 20.03.2001, which was published in H.P. Government Gazette on 31.03.2001. The Collector Land Acquisition, after considering the evidence and objections of the petitioners/claimants and other land-owners, assessed the market value of different kinds of land as under:

kinds of land as under:

kinds of land as under:

kinds of land as under:

kinds of land as under:

kinds of land as under:

kinds of land as under:

kinds of land as under:

kinds of land as under:

kinds of land as under:

kinds of land as under:

5 . The claimants, being dissatisfied with the compensation amount, preferred petitions under Section 18 of the act before the learned Reference Court, wherein they pleaded that the acquired land was irrigated land, it was surrounded by abadies, near Una-Dharamshala State Highway and also abutting Dhussara to Chururu link road and village Gohar. The acquired land was valuable and it was fit for raising amusement parks and it was situated in the vicinity of Chururu and Takarla Railway Station. They further pleaded that many government buildings, like village community health center, patwarkhana and middle school were located near the same. The petitioners also averred that due to severance of land due to acquisition,