IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA RFA No. 244 of 2001 with RFA No. 245 of 201 Date of decision: 10.05.2010 1. RFA No. 244 of 2001: Ram Karan … Appellant Versus The Secretary of Himachal Pradesh & Anr. … Respondents 2. RFA No. 245 of 2001: Ram Swaroop & Ors. … Appellants Versus The State of Himachal Pradesh & Anr. … Respondents Coram : The Hon’ble Mr. Justice V.K. Ahuja, Judge. Whether approved for reporting?1 No. For the appellants: Ms. Archna Dutt vice Mr. D.K. Sharma, Advocate. (In both the cases). For the respondents: Mr. J.S. Guleria, Assistant Advocate General. (In both the cases). V.K. Ahuja, J. (Oral): This judgment shall dispose of both the appeals titled above. Both the appeals have been filed against the award of the Court of learned District Judge, Shimla, dated 1.1.2001. 1Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 2. Briefly stated, the facts of the case are that the land of the petitioners and others was acquired for construction of a road known as ‘Kanda-Nadvi-Kunihar Road’, vide notification issued under Section 4 of the Land Acquisition Act on 11.9.1996 published in newspaper on 12.10.1996 and 16.10.1996. The present petitioners and some other persons aggrieved by the said Award filed Reference Petitions under Section 18 of the Act in the Court of District Judge, Shimla. The learned District Judge, Shimla, passed an award dated 1.1.2001 in Land Reference No. 116-S/4 of 1998 alongwith other petitions. The reference petitions were dismissed accordingly by the learned District Judge vide the impugned award. Some of the petitioners also filed reference petitions, which have already been disposed of by the Court of learned District Judge, Shimla, vide his award dated 1.11.1999 in Land Reference No. 26-S/4 of 1998 and others. The appeals were preferred against the said award by the petitioners which have already been dismissed by the judgment passed by this Court in RFA No. 122 of 2000 alongwith other connected appeals, decided on 26.3.2010. The land acquired in that case as well as in the present case is for the construction of the same road and the learned Assistant Advocate General submitted that the land in the present case is not different from the one involved in Land Reference No. 26-S/4 of 1998 and others and was upheld by this Court in RFA No. 122 of 2000 alongwith other connected appeals, decided on 26.3.2010. Therefore, since the land in question was acquired for the same purpose and there is no distinction in between the two, therefore, the judgment passed in that case i.e. RFA No. 122 of 3 2000 and other connected appeals, shall be binding in the present case also and as such, both are covered matters as per the judgment in RFA No. 122 of 2000, decided on 26.3.2010. A certified copy of the judgment passed in RFA No. 122 of 2000 alongwith other connected appeals, be placed on the record of both the files by the Registry. Both the appeals stand disposed of accordingly in view of the said judgment. A certified copy of this judgment be placed on the record of the file of RFA No. 245 of 2001 by the Registry. 3. In view of the disposal of the main appeal, all the pending Misc. Applications, if any, shall also stand disposed of. ( V.K. Ahuja ), May 10, 2010 Judge (BSS)