Himachal Pradesh High Court
Himachal Pradesh Power Corporation vs Sh.Kedar Singh & Another on 12 December, 2018
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH
SHIMLA
RFA No. 455 of 2015 to 460 of 2015
Date of Decision: December 12, 2018
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1. RFA No.455 of 2015
Himachal Pradesh Power Corporation
Limited & another ...Appellants.
Versus
Sh.Kedar Singh & another ...Respondents.
2. RFA No.456 of 2015
Himachal Pradesh Power Corporation
Limited & another ...Appellants.
Versus
Sh.Sardar Singh & others ...Respondents.
3. RFA No.457 of 2015
Himachal Pradesh Power Corporation
Limited & another ...Appellants.
Versus
Sh.Kanwar Singh & others ...Respondents.
4. RFA No.458 of 2015
Himachal Pradesh Power Corporation
Limited & another ...Appellants.
Versus
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2
Sh.Suresh Kumar & others ...Respondents.
5. RFA No.459 of 2015
.
Himachal Pradesh Power Corporation
Limited & another ...Appellants.
Versus
Sh.Sardar Singh & others ...Respondents.
6. RFA No.460 of 2015
Himachal Pradesh Power Corporation
Limited & another r to
Versus
...Appellants.
Sh.Hariman & others ...Respondents.
Coram:
The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
Whether approved for reporting?1
For the Appellants: Mr. Vivek Negi, Advocate.
For the Respondents: Mr.B.M. Chauhan, Advocate, for the
private respondents.
Mr.Tara Singh Chauhan, Advocate, for
respondent-HPSEB
Vivek Singh Thakur, J. (oral)
All these appeals arising out of common award dated 01.07.2015, passed under Section 18 of the Land 1 Whether reporters of the local papers may be allowed to see the judgment?
::: Downloaded on - 14/12/2018 22:55:56 :::HCHP 3Acquisition Act (hereinafter referred to as the Act) by Additional District Judge-II, Shimla, H.P. (hereinafter referred to as the Reference Court) are being decided vide this common .
judgment as common question of facts and law is involved in these appeals.
2. Before the Reference Court, Land References No.RBT-13-S/4 of 2015/08, titled as Kedar Singh vs. Himachal Pradesh State Electricity Board & others; RBT-14-S/4 of 2015/08, titled as Sardar Singh & others vs. Himachal Pradesh State Electricity Board & others; RBT-15-S/4 of 2015/08, titled as Kanwar Singh & othes vs. Himachal Pradesh State Electricity Board & others; RBT-16-S/4 of 2015/08, titled as Suresh Kumar & others vs. Himachal Pradesh State Electricity Board & others; RBT-17-S/4 of 2015/08, titled as Sardar Singh & another vs. Himachal Pradesh State Electricity Board & others; and RBT-18-S/4 of 2015/08, titled as Hariman & others vs. Himachal Pradesh State Electricity Board & others, were consolidated and decided together.
3. All these reference petitions were filed for enhancement of compensation awarded by the Land Acquisition Collector (hereinafter referred to as the Collector) in Award No.587 dated 13.08.2007, with respect to the land situated in village Katinda, Tehsil Jubbal, District Shimla, H.P. ::: Downloaded on - 14/12/2018 22:55:56 :::HCHP 4
4. It is undisputed fact that the State of Himachal Pradesh has acquired land in Villages Hatkoti, Chamsu, Bharot, Mungranadal, Ghunsa, Chauri, etc. for construction of .
Sawra Kuddu Hydro Electric Project by issuing various notifications under Section 4 of the Act and the Collector had determined the amount of compensation by separate awards in every case arising out of particular notification issued under Section 4 of the Act in that case. First award passed by the Collector was Award No.585, dated 18.07.2007.
5. In Award No.585, the Collector had classified the land of Village Hatkoti in three categories and had determined the value of land of the said three categories as under:
(i) Irrigated land: `821.00 (per centiare)
(ii) Un-irrigated/cultivated land: `509.00 per centiare
(iii) Uncultivated land : `161.00 per centiare
6. The land owners had sought enhancement in the amount of compensation determined vide Award No.585 by preferring reference petitions under Section 18 of the Act.
Those reference petitions were decided by the Reference Court vide common award passed in Land Reference Petition No.53-S/4 of 2013/08, titled as Sh.Narayan Singh and others vs. Himachal Pradesh State Electricity Board and others, ::: Downloaded on - 14/12/2018 22:55:56 :::HCHP 5 wherein the Reference court had enhanced the compensation by determining the value of acquired land at the rate of `3038/- per centiare.
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7. The said award was assailed by the project proponent in RFA No.368 of 2014, titled as The Himachal Pradesh Power Corporation Limited and another vs. Narayan Singh and others, and its connected matters. This Court, allowing those appeals, i.e. RFA No.368 of 2014 and its connected matters, has determined the market value of the land at the rate of `2700/- per centiare with respect to the land of Village Hatkoti involved in Award No.585 wherein notification under Section 4 of the Act was issued on 06.08.2005 and was published lastly on 26.12.2005.
8. Collector, relying upon the market value of land determined in the Award No.585, had determined the value of land of other villages acquired for the same purpose, at par with that of Village Hatkoti and had awarded the compensation on the same analogy.
9. In the present case, also for determining the value of land, the Collector has relied upon the material considered by him for determining the rate of land in Award No.585. The impugned award passed by the Collector has also been placed on record as Ex.PW.5/E wherein notification under Section 4 of ::: Downloaded on - 14/12/2018 22:55:56 :::HCHP 6 the Act was issued on 06.08.2005 and was lastly published on 26.12.2005 and Collector had awarded the compensation at the same rate as was awarded in Award No.585, which reads .
as under:
(i) Irrigated land: `821.00 (per centiare)
(ii) Un-irrigated/cultivated land: `509.00 per centiare
(iii) Uncultivated land : `161.00 per centiare
10. In the present case, land owners have examined ten witnesses and have relied upon one year average from 01.09.2004 to 31.08.2005 (Ex.PW.2/A), one year average from the month of August, 2006 to July, 2007 (Ex.PW.2/B), Award No.1/2006 (Ex.PW.4/A), Award No.585, dated 18.07.2007 (Ex.PW.5/E). They have also relied upon Award passed by the Reference Court in land Reference Petition No.53-S/4of 2013/08, titled as Sh.Narayan Singh and others vs. Himachal Pradesh State Electricity Board and others (Ex.PY), wherein the amount determined by the Collector in Award No.585 was enhanced by the Reference Court to the sum of `3038/- per centiare.
11. Project proponent has also examined two witnesses. They have not produced any document on record. Mohan Dass (RW-1) has stated that amount of compensation determined by the Collector vide Award ::: Downloaded on - 14/12/2018 22:55:56 :::HCHP 7 (Ex.PW.5/F) has been determined correctly. Balbir Chand (RW-2) has also deposed to the similar effect, but in cross-
examination, he has admitted that at time of acquisition of .
land in question, he was not posted in the Project and he had no knowledge about the basis considered by the Collector for determining the market value of the land.
12. Documents relied upon by the land owners in the present case i.e. Ex.PW.2/A, Ex.PW.2/B and Ex.PW.4/A, are the same which have also been relied upon by the land owners in RFA No.368 of 2014 as Ex.PW.7/A, Ex.PW.7/B and Ex.PW.1/E, respectively.
13. The Collector has relied upon the value of the land as determined by him in Award No.585 dated 18.07.2007 (Ex.PW.5/E) and the said value was redetermined by the Reference Court in Reference Petition No.53-S/4of 2013/08, titled as Sh.Narayan Singh and others vs. Himachal Pradesh State Electricity Board and others (Ex.PY). Now value of the land in Narayan Singh's case stands determined by this Court in appeals arising out of Award No.585 dated 18.07.2007 (Ex.PW.5/E) and Sh.
Narayan Singh (supra) (Ex.PY) i.e. in RFA No.368 of 2014 and its connected matters.
::: Downloaded on - 14/12/2018 22:55:56 :::HCHP 814. From the oral as well as documentary evidence on record, it is evident that the land owners as well as project proponent are banking upon the same evidence .
which was led in the reference petitions, considered in RFA No.368 of 2014 and its connected appeals. Therefore, entire evidence relied upon by the parties, in present appeals, has already been considered in detail in RFA No.368 of 2014 and connected matters.
15. In judgment, dated 12.10.2018, passed in RFA No.368 of 2014 and its connected matters, the cases were categorized by this Court in three categories, i.e. Lots 'A', 'B' and 'C'. The cases of Village Hatkoti were classified as Lot 'A' whereas in Lots 'B and 'C', cases of other villages, wherein amount of compensation was determined by the Collector on the basis of award of Village Hatkoti, were included. In Lot 'B', notification under Section 4 of the Act was issued in July, 2005, which was lastly published on 25.10.2005 whereas in Lot 'C', notification under Section 4 was issued three years later, in August, 2008. In present case, notification under Section 4 was issued in July, 2005 and was published lastly on 26.10.2005. Therefore, present cases are identical to the cases categorized as Lot 'B' in RFA No.368 of 2014 and its connected matters.
::: Downloaded on - 14/12/2018 22:55:56 :::HCHP 916. In view of above discussion, present set of appeals is squarely covered by judgment, dated 12.10.2018, passed by this Court in RFA No.368 of 2014, .
titled as The Himachal Pradesh Power Corporation Limited and another vs. Narayan Singh and others, and its connected matters and the same shall apply mutatis mutandi to the present cases. Therefore, the land owners, in present cases, are also entitled for compensation at the rate of `2700/- per centiare alongwith consequential statutory benefits, in accordance with law, in terms of judgment dated 12.10.2018, passed in RFA No.368 of 2014 (supra) and its connected matters.
Accordingly, appeals are disposed of, so also the pending application(s), if any.
(Vivek Singh Thakur),
December 12, 2018 Judge
(Purohit)
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