Yashwant Singh Kalta And Others vs Himachal Pradesh State Electricity ... on 20 November, 2019

[Cites 2, Cited by 3]

Himachal Pradesh High Court

Yashwant Singh Kalta And Others vs Himachal Pradesh State Electricity ... on 20 November, 2019

Bench: Tarlok Singh Chauhan

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA




                                                                                 .
                                         R.F.A. No. 134 of 2016





                                         Date of decision: 20th November, 2019





    Yashwant Singh Kalta and others                                           ...Appellants

                                          Versus

    Himachal Pradesh State Electricity Board and others




                                                     ...Respondents.

    For the appellants             :     Mr. B.M.Chauhan, Senior Advocate, with
                                         Mr. Pradeep Sharma, Advocate.


    For the respondents :
                        Mr. Tara Singh Chauhan, Advocate, for
                        respondents No.1 and 3.
                        Mr. Vivek Negi, Advocate, for respondent
                        No.2.
                        Nr. Davinder Chauhan Jaita, Advocate,



                        for respondents No.4(a) to 4(d).
    _____________________________________________________
    Coram




    The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.





    Whether approved for reporting?1 No
    _________________________________________________





    Tarlok Singh Chauhan, Judge (oral)

The claimants have filed this appeal against the award passed by learned Reference Court whereby it dismissed the 1 Whether reporters of Local Papers may be allowed to see the Judgment ?.yes ::: Downloaded on - 20/11/2019 20:25:16 :::HCHP 2 Reference Petition only on the ground that the claimants had led .

no evidence and had also not placed on record the copy of the award to show that the adjoining land was acquired at much higher rate, for M/s Adani Group.

2. It is not in dispute that the claimants in other cases where the land was acquired in the same Chak, have been awarded compensation, therefore, the claimants cannot be denied compensation or else it would amount to invidious discrimination.

3. The parties are further ad idem that the controversy involved in this appeal is squarely covered by the judgment rendered by a co-ordinate Bench of this Court in RFA No. 368 of 2014, titled as The Himachal Pradesh Power Corporation Limited and another vs. Narayan Singh and others, decided on 12.10.2018 under caption Lot 'B' as well as RFA No.455 of 2015 titled as The Himachal Pradesh Power Corporation Limited and another vs. Kedar Singh and others and connected matters.

4. For the reasons stated in the aforesaid judgment rendered in RFA No.368 of 2014, which shall be read as mutatis mutandis in the present case, the instant appeal is allowed in terms of paras 101 and 102 of the aforesaid judgment, which read as under:

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"101. Considering entire facts and circumstances and evidence, in case 45% deduction is made in the .

highest value of ` 4914/- then value of land will be at the rate of ` 2702/- per centiare, which is slightly higher than highest sale deed No.365/2004. On deduction at the rate of 50%, it would be ₹2457/- which is lesser than highest value in exemplar sale deed No. 365/2004. Mean of these two values will be ₹2579/-, which is again less than the value arrived at on the basis of sale deed No. 365 of 2004. The value of land at the rate of ₹2702/- per centiare, arrived at after deduction of 45% is ₹4914/-, is slightly higher than the value of land at the rate of ₹2631/- per centiare arrived at on the basis of highest sale deed No. 365/2004, appears to be just and fair value of land. Therefore, it would be appropriate to determine value of acquired land at the rate of ₹2700/- per centiare.

102. In view of above discussion, land owners in appeals in Lots 'A' and 'B' are held entitled for compensation at the rate of ₹2700/- per centiare alongwith consequential statutory benefits under the law."

5. Accordingly, the claimants are held entitled for compensation at the rate of `2700/- per centiare alongwith consequential statutory benefits under the law.

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6. The appeal stands disposed of in the aforesaid terms, .

so also the pending application, if any.

7. I am informed that the other similar cases, which are covered, but have not been listed. The Registry is directed to list all these cases on 25.11.2019, the numbers whereof shall be supplied by the respective counsel(s) for the parties within two days.

20th November, 2019.

          (GR)
                     r            to            (Tarlok Singh Chauhan)
                                                             Judge









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