Ntpc Limited vs Bangali & Others on 6 April, 2018

[Cites 5, Cited by 0]

Himachal Pradesh High Court

Ntpc Limited vs Bangali & Others on 6 April, 2018

Bench: Sanjay Karol

IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA RFA No. 40 of 2015 alongwith connected matters.

Date of Decision: 06.04.2018

1. RFA No. 40 of 2015 & CO No.12 of 2018 NTPC Limited, Barmana, Bilaspur. ...Appellant.

Versus Bangali & others ..Respondents.

2. RFA No. 41 of 2015 & CO No. 23 of 2017 NTPC Limited, Barmana, Bilaspur. ...Appellant.

Versus Lachhman & others ..Respondents.

3. RFA No. 42 of 2015 NTPC Limited, Barmana, Bilaspur. ...Appellant.

Versus Tulsi Ram & another ..Respondents.

4. RFA No. 43 of 2015 & CO No.35 of 2016 NTPC Limited, Barmana, Bilaspur. ...Appellant.

Versus Sukh Dev @ Devi Ram & another ..Respondents.

5. RFA No. 44 of 2015 & CO No.13 of 2018 NTPC Limited, Barmana, Bilaspur. ...Appellant.

Versus Shankar & others ..Respondents.

6. RFA No. 45 of 2015

NTPC Limited, Barmana, Bilaspur. ...Appellant.

Versus Nand Lal & others ..Respondents.

7. RFA No. 46 of 2015 & CO No.36 of 2016 NTPC Limited, Barmana, Bilaspur. ...Appellant.

Versus Manoj Kumar & others ..Respondents.

::: Downloaded on - 10/04/2018 23:02:12 :::HCHP 2

8. RFA No. 47 of 2015 & CO No.36 of 2017 NTPC Limited, Barmana, Bilaspur. ...Appellant.

Versus Bali Ram & another ..Respondents.

9. RFA No. 48 of 2015

NTPC Limited, Barmana, Bilaspur. ...Appellant.

Versus Achhru & another ..Respondents.

10. RFA No. 49 of 2015 & CO No.14 of 2018 NTPC Limited, Barmana, Bilaspur. ...Appellant.

Versus Tulsi Ram & others ..Respondents.

11. RFA No. 50 of 2015 & CO No.37 of 2016 NTPC Limited, Barmana, Bilaspur. ...Appellant.

                  r       Versus
    Janki & others                                  ..Respondents.

12. RFA No. 51 of 2015 & CO No.42 of 2018 NTPC Limited, Barmana, Bilaspur. ...Appellant.

Versus Shri Rama & others ..Respondents.

13. RFA No. 52 of 2015 & CO No.15 of 2018 NTPC Limited, Barmana, Bilaspur. ...Appellant.

Versus Ramji Dass & others ..Respondents.

14. RFA No. 53 of 2015 & CO No.35 of 2018 NTPC Limited, Barmana, Bilaspur. ...Appellant.

Versus Arjun & others ..Respondents.

15. RFA No. 54 of 2015

NTPC Limited, Barmana, Bilaspur. ...Appellant.

Versus Phoola & another ..Respondents.

16. RFA No. 55 of 2015 & CO No.16 of 2018 NTPC Limited, Barmana, Bilaspur. ...Appellant.

Versus Brij Lal & others ..Respondents.

::: Downloaded on - 10/04/2018 23:02:12 :::HCHP 3

17. RFA No. 56 of 2015 & CO No.38 of 2016 NTPC Limited, Barmana, Bilaspur. ...Appellant.

Versus Bhuri Singh & others ..Respondents.

18. RFA No. 57 of 2015 & CO No.17 of 2018 .

NTPC Limited, Barmana, Bilaspur. ...Appellant.

Versus Budhi Singh & another ..Respondents.

19. RFA No. 59 of 2015 & CO No.90 of 2016 NTPC Limited, Barmana, Bilaspur. ...Appellant.

Versus Lachhmi Nand & others ..Respondents.

20. RFA No. 60 of 2015 & CO No.43 of 2018 NTPC Limited, Barmana, Bilaspur. ...Appellant.

                           r             Versus
    Amar Singh & others                                                         ..Respondents.

    21. RFA No. 61 of 2015
    NTPC Limited, Barmana, Bilaspur.                                                ...Appellant.
                                         Versus
    Krishan Dass & others                                                       ..Respondents.

22. RFA No. 62 of 2015 & CO No.18 of 2018 NTPC Limited, Barmana, Bilaspur. ...Appellant.

Versus Shiv Ram & others ..Respondents.

Coram:

The Hon'ble Mr. Justice Sanjay Karol, Acting Chief Justice. Whether approved for reporting?1No.

For the Appellant: Mr. Neeraj Gupta, Advocate, for the appellant/N.T.P.C/non cross-objector For the Respondents: Mr.Ashok Sharma, Advocate General, with Mr. Adarsh Sharma, Additional Advocate General, J.K. Verma and Ms.Svaneel Jaswal, Deputy Advocate General, for the respondent-State.

Whether reporters of the local papers may be allowed to see the judgment?

::: Downloaded on - 10/04/2018 23:02:12 :::HCHP 4

Mr.Abhishek Sharma and Ms.Veena Sharma, Advocates, for the respective respondents/cross-objectors Sanjay Karol, ACJ (oral) .

CMP(M) No.308 of 2018 in CO No.12 of 2018 CMP(M) No.298 of 2018 in CO No.13 of 2018 CMP(M) No.299 of 2018 in CO No.14 of 2018 CMP(M) No.475 of 2016 in CO No.37 of 2016 CMP(M) No.530 of 2018 in CO No.42 of 2018 CMP(M) No.302 of 2018 in CO No.15 of 2018 CMP(M) No.301 of 2018 in CO No.35 of 2018 CMP(M) No.304 of 2018 in CO No.16 of 2018 CMP(M) No.474 of 2016 in CO No.38 of 2016 CMP(M) No.305 of 2018 in CO No.17 of 2018 CMP(M) No.1450 of 2016 in CO No.43 of 2018 CMP(M) r No.307 of 2018 in CO No.18 of 2018 For the reasons set out in the application(s), delay of in filing the Cross-Objection(s), which in my considered view, has sufficiently been explained, is condoned.

Applications stand disposed of.

CMP No.2858 of 2018 in RFA No.51 of 2015 Leave granted. Names of Shri Rama (respondent No.1) and Sh.Gian Chand (respondent No.3), who have since expired are directed to be substituted with that of their legal heirs as per particulars mentioned in the application. Registry is directed to carryout necessary corrections in the memo of parties. Application stands disposed of.

::: Downloaded on - 10/04/2018 23:02:12 :::HCHP 5

RFA Nos.40 to 57 & 59 to 62 of 2015 In these appeals, so filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act), .

the beneficiary(ies) of the acquisition proceedings have assailed the award dated 24.05.2014, passed by learned Additional District Judge, Ghumarwin, District Bilaspur, H.P.(Camp at Bilaspur) in Land Reference Petition No.131-4 of 2008, titled as Bangali & others vs. Land Acquisition Collector, Kol Dam, Bilaspur & another, alongwith connected matters. In some cases, claimants have also filed the cross-objections.

2. Undisputedly claimants' land situate in village village Jamthal, Tehsil Sadar, District Bilaspur, H.P., came to be acquired for public purpose, namely, construction of Kol Dam. Acquisition proceedings commenced with the publication of notification issued under Section 4 of the Act on 06.09.2001. The Collector Land Acquisition passed his award No.21 of 2004 on 15.12.2004. It is a matter of record that market value of the acquired land came to be assessed at different rates, classification/category wise ranging from `94,905/- to `4,26,792/- per bigha. 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 terms of impugned ::: Downloaded on - 10/04/2018 23:02:12 :::HCHP 6 award dated 24.05.2014, in terms whereof, the market value of the acquired land stands re-determined @ `4,26,792/- per bigha, on uniform basis, irrespective of the classification and .

category of land.

3. It is not in dispute that appeal 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, stands decided by this Court vide judgment dated 12.01.2017, passed in RFA No. 39 of 2015, titled as NTPC Limited, Barmana, Bilaspur vs. Nikku Ram & others. As such, the present appeals as also the cross-

objections are squarely covered by the said decision, for the issues involved are identical. This fact is not disputed. As such, the present appeals as also the cross-objections stand disposed of, in terms of the said judgment. Directions issued in Nikku Ram (supra) shall mutatis mutandis apply to the instant cases also. Pending application(s), if any, also stand disposed of accordingly.

(Sanjay Karol), April 6, 2018 Acting Chief Justice.

(Purohit) ::: Downloaded on - 10/04/2018 23:02:12 :::HCHP

Unlock Advanced Research with PRISMAI

Himachal Pradesh High Court