Himachal Pradesh High Court
Ntpc Limited (Kol Dam) Barmana vs Jwala Ram & Another on 13 July, 2018
Author: Sanjay Karol
Bench: Sanjay Karol
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA RFA No. 167 of 2014 Date of Decision: 13.07.2018 .
NTPC Limited (Kol Dam) Barmana, Bilaspur. ...Appellant.
Versus Jwala Ram & another ..Respondents.
Coram:
The Hon'ble Mr. Justice Sanjay Karol, Acting Chief Justice.
Whether approved for reporting?1No. For the Appellant: Mr. Chandernarayan Singh, Advocate, for the appellant/N.T.P.C/non cross- objector For the Respondents: Mr. Dinesh Kumar, Advocate, for respondent No.1.
Mr.Ashok Sharma, Advocate General, with Mr.Adarsh Sharma, Additional Advocate General & Ms.Svaneel Jaswal, Deputy Advocate General, for the respondent-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(ies) of the acquisition proceedings have assailed the award dated 27.11.2013, passed by learned Additional District Judge, Ghumarwin, District Bilaspur, H.P.(Camp at Bilaspur), in Land Reference Petition No.37-4 of 2008, titled as 1 Whether reporters of the local papers may be allowed to see the judgment?::: Downloaded on - 16/07/2018 23:02:48 :::HCHP 2
Jwala Ram vs. The Land Acquisition Collector, Kol Dam, Bilaspur & another.
2. Undisputedly claimant's land situate in village .
Kasol, 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 23.11.2000.
The Collector Land Acquisition passed his award No.17 of 2004 on 15.08.2004. 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 `1,04,416/- to `4,69,955/- 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 award dated 27.11.2013, in terms whereof, the market value of the acquired land stands re-determined @ `4,69,955/- 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 ::: Downloaded on - 16/07/2018 23:02:48 :::HCHP 3 vide judgment dated 11.01.2017, passed in RFA No. 792 of 2012, titled as NTPC Limited, Kol Dam, Barmana vs. Babu Ram & another. As such, the present appeal is squarely .
covered by the said decision, for the issues involved are identical. This fact is not disputed. As such, the present appeal stands disposed of, in terms of the said judgment.
Directions issued in Babu Ram (supra) shall mutatis mutandis apply to the instant case also. Pending application(s), if any, also stand disposed of accordingly.
r (Sanjay Karol),
July 13, 2018 Acting Chief Justice.
(Purohit)
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