Himachal Pradesh High Court
Ntpc Limited Kol Dam Hydro Power Project vs Mohinder & Others on 1 December, 2017
Author: Sanjay Karol
Bench: Sanjay Karol
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA .
RFA No. 4010 of 2013 alongwith RFA No. 4014 of 2013, RFA No. 4015 of 2013, RFA No. 4016 of 2013 & CO 65/2017 and RFA No. 4019 of 2013.
Date of Decision : December 1 , 2017
1. RFA No. 4010 of 2013 NTPC Limited Kol Dam Hydro Power Project ...Appellant Versus Mohinder & others ... Respondents
2. RFA No. 4014 of 2013 NTPC Limited Kol Dam Hydro Power Project ...Appellant Versus Lachman & others ... Respondents
3. RFA No. 4015 of 2013 NTPC Limited Kol Dam Hydro Power Project ...Appellant Versus Om Prakash & others ... Respondents
4. RFA No. 4016 of 2013 & C.O. No. 65 of 2017 NTPC Limited Kol Dam Hydro Power Project ...Appellant Versus Lala Ram & others ... Respondents 5. RFA No. 4019 of 2013 NTPC Limited Kol Dam Hydro Power Project ...Appellant Versus Shiv Ram & others ... Respondents ::: Downloaded on - 04/12/2017 23:06:24 :::HCHP 2 Coram:
The Hon'ble Mr. Justice Sanjay Karol, Acting Chief Justice.
.Whether approved for reporting? No. 1
For the appellant : Mr. Neeraj Gupta, Advocate, for the appellant/NTPC and also for respective non-Cross Objector.
For the respondent : Mr. Ram Murti Bisht and Mr. R. S. Verma, Addl. Advocate Generals for the respondents/State.
r to Mr. Adarsh Sharma, Advocate, for the respective private respondents in all the appeals & also for the Cross Objectors in CO No. 65 of 2017.
Sanjay Karol, ACJ. (oral) 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 Whether reporters of Local Papers may be allowed to see the judgment?::: Downloaded on - 04/12/2017 23:06:24 :::HCHP 3
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 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.
(Sanjay Karol), Acting Chief Justice.
December 1 , 2017 (PK) ::: Downloaded on - 04/12/2017 23:06:24 :::HCHP