Himachal Pradesh High Court
Dayanand vs National Thermal Power Corporation on 3 August, 2018
Author: Sanjay Karol
Bench: Sanjay Karol
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA RFA No. 207 of 2013 alongwith RFA No.208 of 2013 .
Date of Decision: 03.08.2018
1. RFA No.207 of 2013 Dayanand ...Appellant.
Versus National Thermal Power Corporation Through its Managing Director, Barmana, District Bilaspur, H.P.& another ..Respondents.
2. RFA No.208 of 2013 Harish Chander r ...Appellant.
Versus National Thermal Power Corporation Through its Managing Director, Barmana, District Bilaspur, H.P.& another ..Respondents.
Coram:
The Hon'ble Mr. Justice Sanjay Karol, Acting Chief Justice. Whether approved for reporting?1No.
For the Appellant: Mr.Dinesh Kumar & Mr.Naresh Kumar, Advocates, for the appellant.
For the Respondents: Mr.Janesh Gupta & Ms.Poonam Gehlot, Advocates, for NTPC.
Mr. Ashok Sharma, Advocate General with Mr.Adarsh Sharma, Additional Advocate General & Ms.Svaneel Jaswal, Deputy Advocate General, for the respondent-State.
Sanjay Karol, ACJ (oral) In these appeals, so filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act), 1 Whether reporters of the local papers may be allowed to see the judgment?::: Downloaded on - 06/08/2018 23:01:55 :::HCHP 2
the claimants have assailed the award dated 02.11.2012, passed by learned District Judge (Forests), Shimla, H.P., in Land Reference Petition No.50-S/4 of 2012/07, titled as Shri .
Dayanand vs. National Thermal Power Corporation, through its Principal Officer, Bilaspur & another, alongwith another connected matter.
2. For public purpose, namely, construction of Kol Dam, Hydro Power Project, acquisition proceedings commenced with the publication of notification under Section 4 of the Act in the official gazette on 19.12.2000. The Collector Land Acquisition passed his award No.35/2005, dated 23.09.2005, awarding compensation ranging from `87,376/- to `3,93,170/-. In terms of the award passed by the Collector Land Acquisition, the total land acquired is 0-38-47 hectares, situate in Village Palyad, Tehsil Sunni, District Shimla, H.P.
3. Aggrieved thereof, claimants filed land reference petition under Section 18 of the Act, seeking re-determination of the market value of the acquired land, which stands decided in negative, in terms of impugned award dated 02.11.2012, for the reason that the exemplar sale deeds so produced by the claimants did not reflect true market value ::: Downloaded on - 06/08/2018 23:01:55 :::HCHP 3 and as such could not be referred to and relied upon for the purpose of adjudicating the reference petitions.
4. It is a matter of record that for the very same .
public purpose, land situate in different villages in Tehsil Sunni, itself, was acquired. In relation to village Jamog and village Palyad Doem, Reference Court, based on the evidence led by the parties, re-determined the market value of the acquired land @ `4.50 lacs per bigha. Also the said amount was awarded on uniform basis irrespective of classification or category of land. It is also a matter of record that the instant claimants had filed applications seeking permission to place on record the said awards passed by the Reference Court, but however, same could not be considered and decided and the reference petitions came to be decided in negative.
5. Before this Court, it is not in dispute that awards passed in reference petitions sought to be relied upon by the claimants in relation to village Jamog and Palyad Doem stands decided by this Court in RFA No.141 of 2011, titled as NTPC Limited vs. Nokh Ram & others, decided on 06.01.2017 and RFA No.481 of 2012, titled as NTPC Limited Kol Dam vs. Krishan Chand Sharma & others, decided on 26.12.2016.
6. Significantly, Collector Land Acquisition, in the instant award (35/2005) itself has recorded that the land ::: Downloaded on - 06/08/2018 23:01:55 :::HCHP 4 acquired for public purpose, falling within all villages from Sunni to Palyad Abbal, would be considered as single unit for the purpose of determining the market value.
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7. In this view of the matter, claim petitions need to be allowed, for the claimants are entitled to such compensation, which stands determined in relation to similarly situate persons whose land falling in the immediate adjoining villages stands re-determined on uniform basis. It is not in dispute that village Palyad Abbal falls within the single unit i.e land from village Sunni to village Palyad Doem, as has also been so held by the Collector himself.
8. As such, the appeals are allowed with the claimants entitled to a sum of `4.50 lacs per bigha on uniform basis in addition to other statutory benefits. The respondent-
beneficiary shall deposit the amount in the Registry of this Court, in terms of the judgment, within a period of eight weeks. It shall be open for the claimants to move appropriate applications for withdrawal of the same.
Pending application(s), if any, also stand disposed of accordingly.
(Sanjay Karol), August 3, 2018 Acting Chief Justice.
(Purohit) ::: Downloaded on - 06/08/2018 23:01:55 :::HCHP