Himachal Pradesh High Court
Ntpc Limited Kol Dam Project vs Smt. Bimla Devi & Others on 5 January, 2018
Author: Sanjay Karol
Bench: Sanjay Karol
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA .
RFA No. 273 of 2014 Date of Decision : January 5 , 2018 NTPC Limited Kol Dam Project, Barmana, Distt. Bilaspur ...Appellant Versus Smt. Bimla Devi & others ... Respondents Coram:
The Hon'ble Mr. Justice Sanjay Karol, Acting Chief Justice.Whether approved for reporting? No. 1
For the appellant : Mr. Chandra Narayana Singh, Advocate, for the appellant/NTPC.
For the respondent : Mr. Varun Rana, Advocate, for private respondents No. 1 and 2.
Mr. R. S. Verma, Addl. Advocate General for respondent No. 3/State.
Sanjay Karol, ACJ. (oral) In this appeal, 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 22.3.2014, passed by learned Whether reporters of Local Papers may be allowed to see the judgment?::: Downloaded on - 09/01/2018 23:10:39 :::HCHP 2
Addl. District Judge, Mandi (Camp at Sundernagar), Distt.
Mandi, H.P., in Reference Petition No. 93/2013/08, titled as .
Bimla Devi & another vs. The Land Acquisition Collector, Kol Dam Project Bilaspur & another, alongwith other connected reference petitions.
2. Undisputedly claimants' land situate in village Ahan, Tehsil Sundernagar, Distt. Mandi, H.P. came to be acquired for public purpose namely construction of Kol Dam Hydro Electric Project. Acquisition proceedings commenced with the publication of notification issued under Section 4 of the Act on 12.12.2000. The Collector Land acquisition passed his award No. 12 of 2003 on 31.12.2003/2.1.2004. 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 `76,240/- to `3,43,199/- per bigha. Aggrieved thereof, claimants filed land reference petitions under Section 18 of the Act, seeking re-determination of the market value of the acquired land, which stand decided in terms of impugned award dated 22.3.2014, in terms whereof, the market value of the acquired land stands re-determined @ `5,00,000/-
::: Downloaded on - 09/01/2018 23:10:39 :::HCHP 3per bigha, on uniform basis, irrespective of the classification and category of land.
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3. 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 this Court vide judgment dated 15.12.2016, passed in RFA No. 269 of 2014, titled as NTPC Ltd. Kol Dam vs. Sita Ram son of Garja. The present Appeal is squarely covered by the said decision. Such fact is not disputed. As such, as jointly prayed for, the present Appeal stands disposed of, in terms of the said judgment. Directions issued in the aforesaid decision shall mutatis mutandis apply to the instant case also. Pending application(s) if any, also stand disposed of accordingly.
CMP No. 259 of 20184. This application is for release of amount of compensation in favour of the applicants. Learned counsel for the non-applicants has no objection for release of the amount. As such, application is allowed and entire remaining amount falling to the share of the applicants, ::: Downloaded on - 09/01/2018 23:10:39 :::HCHP 4 alongwith up-to-date interest, is directed to be released in their favour. The amount be remitted directly into the bank .
accounts as per particulars mentioned in the application. If the applicants have already not disclosed, they shall file affidavits, disclosing the entire share-holding and the proportionate share to which they are entitled to. Upon furnishing of such affidavit, entire amount falling to the share of the applicants is directed to be released in their favour. Application stands disposed of.
(Sanjay Karol), Acting Chief Justice.
January 5 , 2018 (PK) ::: Downloaded on - 09/01/2018 23:10:39 :::HCHP