Himachal Pradesh High Court
Ntpc Limited Kol Dam Barmana vs Respondents on 15 December, 2017
Author: Sanjay Karol
Bench: Sanjay Karol
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA .
RFA No. 511 of 2012 alongwith RFA No. 512 of 2012 Date of Decision : December 15 , 2017
1. RFA No. 511 of 2012 NTPC Limited Kol Dam Barmana, Distt. Bilaspur ...Appellant Sh. Sada Ram & another r to Versus ... Respondents
2. RFA No. 512 of 2012 NTPC Limited Kol Dam, Barmana, Distt. Bilaspur ...Appellant Versus Sh. Dila Ram & another ... Respondents Coram:
The Hon'ble Mr. Justice Sanjay Karol, Acting Chief Justice.Whether approved for reporting? No. 1
For the appellant : Mr. Jagdish Thakur, Advocate, for the appellant/NTPC, in all the appeals.
For the respondent : Ms. Veena Sharma, Advocate, for the respective private respondents.
Mr. Ram Murti Bisht and Mr. R. S. Verma, Addl. Advocate Generals for the respondents/State.
Whether reporters of Local Papers may be allowed to see the judgment?::: Downloaded on - 19/12/2017 23:05:55 :::HCHP 2
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 27.3.2012, passed by learned District Judge, Bilaspur, H.P., in Land Reference Pet.
243 of 2008, titled as Lalman vs. Land Acquisition Collector, Kol Dam Project, Bilaspur, H.P. & another, alongwith other connected reference petitions.
2. Undisputedly claimants' land situate in village Chamyon, Tehsil Sadar, District Bilaspur, 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 3.4.2004. The Collector Land acquisition passed his award No. 59, dated 1.2.2007. 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 `94,553/- to `4,25,266/- per bigha. Aggrieved thereof, claimants filed land reference petitions under Section 18 of the Act, seeking re-determination of the market value of the ::: Downloaded on - 19/12/2017 23:05:55 :::HCHP 3 acquired land, which stand decided in terms of impugned award dated 27.3.2012, in terms whereof, the market value .
of the acquired land stands re-determined @ `4,25,266/-
per bigha, on uniform basis, irrespective of the classification and category of land.
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 11.1.2017, passed in RFA No. 510 of 2012, titled as NTPC Ltd. Kol Dam vs. Lalman & another. The present Appeals are squarely covered by the said decision. Such fact is not disputed. As such, as jointly prayed for, the present Appeals 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 15 , 2017 (PK) ::: Downloaded on - 19/12/2017 23:05:55 :::HCHP