Himachal Pradesh High Court
Shyam Lal Son Of Shri Ramji vs Ram Rakhi & Another Alongwith Cross ... on 31 December, 2021
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 31st DAY OF DECEMBER 2021
.
BEFORE
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
REGULAR FIRST APPEAL NO. 267 OF 2015
Between:-
SHYAM LAL SON OF SHRI RAMJI,
R/O VILLAGE HARNORA,
TEHSIL SADAR, DISTRICT BILASPUR, H.P.
.....APPELLANT
(BY MS. ANUBHUTI SHARMA, ADVOCATE, VICE
SH. JYOTIRMAY BHATT, ADVOCATE)
AND
1. THE LAND ACQUISITION COLLECTOR, KOL DAM,
BILASPUR CAMP AT SUNDERNAGAR,
DISTRICT MANDI, HP.
2. DISTRICT COLLECTOR, BILASPUR,
DISTRICT BILASPUR, HP.
3. NTPC ALONGWITH ITS GENERAL MANAGER,
KOL DAM, BARMANA, DISTRICT BILASPUR, HP.
......RESPONDENTS
(SMT. RITTA GOSWAMI, ADDITIONAL ADVOCATE
GENERAL WITH SH. VIKRANT CHANDEL,
DEPUTY ADVOCATE GENERAL, FOR R-1 AND R-2,
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2
SH. NEERAJ GUPTA, SENIOR ADVOCATE WITH
MS. RINKI KASHMIRI, ADVOCATE, FOR R-3)
_______________________________________________________
.
This appeal coming on for hearings this day, the
Court passed the following:
JUDGMENT
Instant instant appeal under Section 54 of the Land Acquisition Act has been preferred against the award dated 30.03.2013 passed by learned Additional District Judge (Fast Track Court), Ghumarwin, District Bilaspur in Land Reference No. 21-4 of 2008.
2. The grievance of the appellant is that value of his houses was determined at low level and without taking into consideration relevant parameters. That the appellant had claimed enhancement in compensation as he was awarded only Rs. 3,69,497/- qua the houses whereas he was entitled for Rs. 4,31,634/- alongwith solatium and interest thereon. The appellant has thus claimed enhancement in amount of compensation to the tune of Rs. 62,137/- alongwith solatium and up to date statutory interest by setting aside the award dated 30.3.2013 on account of superstructures and houses.
::: Downloaded on - 31/01/2022 23:31:44 :::CIS 33. The respondent-NTPC preferred Regular First Appeal against an award dated 26.9.2011 passed by the District .
Judge, Bilaspur in Reference Petition No. 37 of 2005. The appeal bearing RFA No. 41 of 2012, titled NTPC Ltd. Kol Dam vs. Ram Rakhi & another alongwith Cross Objections No. 369 of 2013 filed therein was decided by a Coordinate Bench of this Ram Rakhi's case r had to Court vide judgment dated 11.1.2017. The Cross Objector in prayed for enhancement of compensation for the superstructure. The appeal as well as Cross objections were dismissed vide this judgment, relevant paras of which read as under:
"29. Insofar as the claim with regard to the superstructure is concerned, one finds the Reference Court to have aptly dealt with the issue in paragraph 37 of the impugned Award. From bare perusal of paragraph 37, it is quite apparent that no evidence with regard to superstructure, worthy of credence was led by the parties. Hence in the absence of any other evidence on record, it cannot be said that the Reference Court erred in re-determining the market value of the acquired land and awarding rates on uniform basis irrespective of its classification.
34. Cross-objection/cross-appeals stand rejected in view of the aforesaid discussion, more so, for the reason that no evidence other than the one discussed hereinabove, was brought to the notice of the Court.
35. Quite evidently, in terms of award No.5 of 2003, so passed by the Collector, several land reference petitions ::: Downloaded on - 31/01/2022 23:31:44 :::CIS 4 came to be clubbed and disposed of by the common impugned award dated 26.09.2011, passed by District .
Judge, Bilaspur, H.P., in Reference Petition No.37 of 2005 titled as Ram Rakhi Versus Land Acquisition Collector, Kol Dam, Bilaspur and another. Common evidence was led by the parties in land Reference Petition No.33 of 2005. Learned counsel for the parties jointly submit that decision rendered in the present appeal would have an automatic bearing on the other connected appeals, arising out of the very same impugned award, pending before this Court. Registrar (Judicial) to take appropriate instructions from Hon'ble the Chief Justice for listing of such connected appeals, before the appropriate Court particulars whereof shall also be supplied by learned counsel for the parties."
4. Land Reference Petition No. 21-4 of 2008 from which instant appeal arises was decided alongwith various other connected matters by the learned Reference Court on 30.3.2013. All these petitions were consolidated by the Reference Court on 24.4.2010. The respondent-NTPC filed a set of Regular First Appeals arising out of common award dated 30.3.2013. These appeals were decided on 1.12.2017 with lead case RFA No. 4010 of 2013, titled NTPC Limited Kol Dam Hydro Power Project versus Mohinder & others. In this bunch of appeals, one of the matter was RFA No. 4016 of 2013, titled NTPC Limited Kol Dam Hydro Power Project versus Lala Ram & Others, wherein Cross Objections No. 65 of 2017 were ::: Downloaded on - 31/01/2022 23:31:44 :::CIS 5 also preferred. In these Cross Objections, the award was assailed by the landowners on the ground that compensation .
qua the superstructure and houses situated over the land was not enhanced by the Reference Court. Some of the grounds taken in the Cross Objections for assailing the award dated 30.3.2013 are extracted hereinafter:
"(b) That the Ld. court below has not enhanced the compensation qua the fruit bearing trees, trees and houses situated over the land under acquisition hence, on this account also impugned award deserves to be modified by enhancing the same.
(f) That the learned Reference Court has denied the enhancement of compensation qua the houses and other structures on untenable grounds. It is worthwhile to submit that in the subsequent awards passed by the learned Reference Court, particularly in the award dated 30.7.2013 passed in Reference Petitions Nos.227 of 2008 and other connected matters, the learned District Judge has granted enhancement of compensation qua the structures on the basis of similar evidence. In these circumstances, the denial of enhancement of compensation qua the structures of the Objectors is untenable and the Objectors are entitled for enhancement of the compensation as claimed in the Reference petition, hence, the impugned award is liable to be modified by enhancement of compensation.
3. That 996 biswas of land owned by the cross objectors was acquired for the purposes of NTPC Kol Dam Project.
::: Downloaded on - 31/01/2022 23:31:44 :::CIS 6As such, keeping in view the claim of the cross-objectors for enhancement to the tune of Rs. 26443800/-,court fee .
of is being affixed. The Objectors/Claimants have been denied enhancement of compensation qua the houses and other structures. The Obejctors are collectively claiming enhancement on this account to the tune of Rs.525319/- and Court fees of Rs. is being affixed accordingly. The total claim of the claimants on both these counts is to the tune of Rs.26969119/- and a court fees of Rs. 272360 is being affixed."
On considering the Cross Objections alongwith the bunch of the Regular First Appeals preferred by the NTPC, the appeals and well as Cross Objections were dismissed vide following judgment dated 1.12.2017:
"In these appeals, so filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act), the beneficiary of the acquisition proceedings has assailed the common award dated 30.3.2013, passed by learned Additional District Judge (Fast Track Court), Ghumarwin, Distt. Bilaspur, H.P. (Camp at Bilaspur), in Land Reference No. 15-4 of 2008, titled as Mohinder & others vs. Land Acquisition Collector, Kol Dam, Bilaspur, H.P. & others, alongwith other connected matters. Also in one of the case the claimant has filed the Cross Objection against the said award.
2. It is not in dispute that appeals arising out of similarly situated claimants as also very same acquisition proceedings, arising out of very same notifications under Sections 4 and 11 of the Act, already stand dismissed by ::: Downloaded on - 31/01/2022 23:31:44 :::CIS 7 this Court vide judgment dated 11.01.2017, passed in RFA No. 41 of 2012, titled as NTPC Ltd. Kol Dam vs. Ram .
Rakhi & another. The present Appeals as also the Cross Objection are squarely covered by the said decision. Such fact is not disputed. As such, as jointly prayed for, the present Appeals as also the Cross Objection stand disposed of, in terms of the said judgment. Directions issued in the aforesaid decision shall mutatis mutandis apply to the instant cases also. Pending application(s) if any, also stand disposed of accordingly. "
The appeals preferred by the respondent-NTPC against the award dated 30.3.2013 have already been dismissed by the Coordinate Bench of this Court vide judgment dated 1.12.2017 passed in RFA No. 4010 of 2013, titled NTPC Ltd. Kol Dam, Hydro Power Project versus Mohinder & others and other connected appeals. The Cross Objections preferred by the respondents/landowners in RFA No. 4016 of 2013, titled NTPC Ltd. vs. Lala Ram claiming enhancement of compensation for the houses and superstructures have also been dismissed vide the common judgment dated 1.12.2017 following the ratio of judgment passed in Ram Rakhi's case (RFA No. 41 of 2012). Instant appeal arises out of common award dated 30.3.2013 which was in question in the bunch of appeals and Cross Objections(referred earlier). The appellant ::: Downloaded on - 31/01/2022 23:31:44 :::CIS 8 claims enhancement of compensation for houses and superstructures on the grounds which have already been .
adjudicated against the landowners in previous judgments.
Therefore, following the ratio of judgment dated 11.1.2017 delivered in RFA No. 41 of 2012, titled NTPC vs. Ram Rakhi as well the judgment dated 1.12.2017 delivered in bunch of Regular First Appeals with lead case RFA No. 4010 of 2013, titled NTPC vs. Mohinder & others alongwith Cross Objections No. 65 of 2017 filed in RFA No. 4016 of 2013, titled NTPC vs. Lala Ram, instant appeal is also dismissed. Directions issued in the aforesaid decision shall mutatis mutandis apply to the instant cases also. Pending application(s), if any, also stand disposed of.
Jyotsna Rewal Dua Judge 31st December, 2021 (vs) ::: Downloaded on - 31/01/2022 23:31:44 :::CIS