Himachal Pradesh High Court
Ntpc Ltd. Kol Dam vs Thakur Dass & Others on 23 March, 2018
Author: Sanjay Karol
Bench: Sanjay Karol
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA RFA No. 869 of 2012 Date of Decision: March 23, 2018 .
NTPC Ltd. Kol Dam, Barmana ...Appellant.
Versus Thakur Dass & others ..Respondents. Coram:
The Hon'ble Mr. Justice Sanjay Karol, Acting Chief Justice. Whether approved for reporting?1No. For the Appellants:
No.1(a) to 1(e).
Mr. Kul Bhushan Khajuria, Advocate, for the appellant-NTPC Limited.
For the Respondents: Mr.Pawan K. Sharma, Advocate, for LRs 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 08.11.2011, passed by learned Additional District Judge, Mandi, Camp at Karsog, H.P., in Reference Petition No.14/2009, titled as Salig Ram vs. The Land 1 Whether reporters of the local papers may be allowed to see the judgment?::: Downloaded on - 24/03/2018 23:24:47 :::HCHP 2
Acquisition Collector (Kol Dam), Bilaspur, H.P., & others alongwith connected reference petitions.
2. Undisputedly claimants' land situate in village .
Tatapani, Tehsil Karsog, District Mandi, 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 19.12.2000.
The Collector Land Acquisition passed his award No.79 of 2008 on 08.03.2008. 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 `83,613/- to `6,41,032/- 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 stands decided in terms of impugned award dated 08.11.2011, in terms whereof, the market value of the acquired land stands re-determined @ `6,41,032/- 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 - 24/03/2018 23:24:47 :::HCHP 3 vide judgment dated 15.12.2016, passed in RFA No. 425 of 2012, titled as NTPC Ltd., Kol Dam vs. Kuldeep & others. As such, the present appeal is squarely covered by the said .
decision, for the issue involved is identical. This fact is not disputed. As such, the present appeal stands disposed of, in terms of the said judgment. Directions issued in Kuldeep (supra) shall mutatis mutandis apply to the instant cases also.
Pending application(s), if any, also stand disposed of accordingly.
r (Sanjay Karol),
March 23, 2018 Acting Chief Justice.
(Purohit)
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