Himachal Pradesh High Court
Hppcl & Anr vs Jai Chand & Ors on 26 November, 2019
Author: Tarlok Singh Chauhan
Bench: Tarlok Singh Chauhan
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RFA No. 152 of 2017
.
Date of decision: 26.11.2019.
HPPCL & Anr. .....Appellants.
Versus
Jai Chand & Ors. .....Respondents.
Coram
For the Appellants:
r to
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
Whether approved for reporting?1 No.
Mr. Vivek Negi, Advocate, for the
appellant.
For the Respondents: Mr. Ranvir Chauhan, Advocate, for
respondents No. 1 and 2.
Mr. T. S. Chauhan, Advocate, for
respondent No. 3.
Tarlok Singh Chauhan, Judge (Oral)
Mr. Ranvir Chauhan, Advocate, has filed power of attorney on behalf of respondents No. 1 and 2.
2. This appeal being disposed since the same is covered under lot-B drawn by the judgment of Coordinate Bench rendered in RFA No. 368 of 2014, titled The Himachal Pradesh Power Corporation Ltd. & Anr. vs. Narayan Singh & Ors. decided on 12.10.2018.
1 Whether the reporters of the local papers may be allowed to see the Judgment?Yes ::: Downloaded on - 28/11/2019 20:23:44 :::HCHP 2
3. In this appeal filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act), the .
beneficiary(ies) have assailed the award dated 11.12.2015, passed by the learned Additional District Judge-II, Shimla, camp at Rohru in Land Reference No. RBT - 34-R/4 of 2014/09.
4. The parties are further ad idem that the controversy involved in this appeal is squarely covered by the judgment 2014, titled as Limited and another rendered by a co-ordinate Bench of this Court in RFA No. 368 of The Himachal Pradesh Power Corporation vs. Narayan Singh and others and connected matters, decided on 12.10.2018 under caption Lot 'B'.
5. 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:
"101. Considering entire facts and circumstances and evidence, in case 45% deduction is made in the highest value of Rs. 4914/- then value of land will be at the rate of Rs. 2702/- per centiare, which is slightly higher than highest sale deed No.365/2004. On deduction at the rate of 50%, it would be Rs. 2457/- which is lesser than highest value in exemplar sale deed No. 365/2004. Mean of these two values will be Rs. 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 Rs. 2702/- per centiare, arrived at after deduction of 45% is Rs. 4914/-, is slightly ::: Downloaded on - 28/11/2019 20:23:44 :::HCHP 3 higher than the value of land at the rate of Rs. 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 Rs. 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 Rs. 2700/- per centiare alongwith consequential statutory benefits under the law."
6. Accordingly, the claimants are held entitled for compensation at the rate of Rs. 2700/- per centiare alongwith consequential statutory benefits under the law.
7. The appeal stands disposed of in the aforesaid terms, so also pending application(s), if any.
26th November, 2019 (Tarlok Singh Chauhan)
(sanjeev) Judge
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