Himachal Pradesh High Court
Lac vs Lata And Others on 28 December, 2019
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
RFA No. 455 of 2019
Date of Decision 28th December, 2019
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LAC, HPSEB and another ....Appellants
Versus
Lata and others ....Respondents
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Coram
The Hon'ble Mr. Justice Vivek Singh Thakur, J.
Whether approved for reporting?1
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For the Appellants: Mr. Vivek Negi, Advocate.
For the Respondents: Mr.Romesh Verma, Advocate, for
respondents No.1, 2(a) to 2(d), 3,
4(a), 4(b), 5,6,7(a) to 7(e), 9(a) to
9(g), 10(a), 10(c), 10(e), 11 to 14
and proposed respondents No. 8(a)
to 8(d).
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Vivek Singh Thakur, J.(oral)
This appeal has arisen from the award passed by learned Additional District Judge-I, Shimla in reference under Section 18 of Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'), preferred by land owners against Award No. 585 1 Whether Reporters of Local Papers may be allowed to see the judgment? Yes ::: Downloaded on - 01/01/2020 20:24:28 :::HCHP 2 dated 18.7.2007 passed by Land Acquisition Collector with respect to land situated in villages Matasa and Hatkoti, Tehsil .
Jubbal, District Shimla. In present case, for acquiring land for Sawra Kuddu Hydro Electric Project, notification under Section 4 of the Act was issued on 6.8.2015, which was lastly published on 26.12.2005 by public notice of substance through Tehsildar Jubbal.
2 Other similar reference petitions, arising out of same award No. 585, were decided by Reference Court on 9.5.2014, 9.10.2015, 6.1.2016 and 27.6.2016. Award, in question, in the present appeal, has been passed by the Reference Court on 16.7.2016. Land was acquired for one and same purpose for which land was acquired in similar reference petitions referred supra. Those reference petitions were assailed by present appellants by filing RFA No. 368 of 2014, RFA No. 166 of 2016, RFA No. 196 of 2017 and RFA No. 261 of 2017. All those appeals have been decided by this Court vide common judgment dated 12.10.2018 passed in RFA No. 368 of 2014 and other connected appeals.
3 The said judgment has attained finality as it has not been assailed further, rather parties in those petitions, including appellants herein, have also filed applications for release of ::: Downloaded on - 01/01/2020 20:24:28 :::HCHP 3 amount, for which they are entitled in terms of the said judgment.
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4 Learned counsel for parties are in agreement that case in present appeal is also squarely covered by the judgment passed in RFA No. 368 of 2014 and claimants herein are entitled for compensation as was determined payable to respondents/claimants therein falling in the category of Lot 'A', of appeals decided along with RFA No. 368 of 2014.
5 In view of above, this appeal is also decided in terms of judgment passed in RFA No. 368 of 2014 and findings therein, with respect to Lot 'A' shall be mutatis mutandi applicable in present case also and accordingly, land owners in present appeal are held entitled for compensation at the rate of Rs.2600/- per centiare along with consequential statutory benefits in accordance with law.
6 Before parting with appeal, learned counsel for the appellants is directed to file fresh memo of parties in terms of order dated 24th December, 2019 within a week.
Appeal stands allowed in aforesaid terms along with all pending miscellaneous application(s), if any.
December 28, 2019 (Vivek SinghThakur),
ms Judge
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