Himachal Pradesh High Court
Sada Ram & Others vs N.T.P.C. Ltd. & Others on 7 January, 2021
Author: Sandeep Sharma
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH
SHIMLA
RFA No.363 of 2015 alongwith RFA Nos.364, 365, 366,
367. 472. 493 of 2015 127 of 2016.
Date of decision: 07.01.2021
.
1. RFA No.363 of 2015
Sada Ram & Others ... ...Appellants
Versus
N.T.P.C. Ltd. & Others ... ...Respondents
2. RFA No.364 of 2015
Bhagat Ram & Others ... ...Appellants
Versus
N.T.P.C. Ltd. & Others ... ...Respondents
3. RFA No.365 of 2015
Babau Ram & Others ... ...Appellants
Versus
N.T.P.C. Ltd. & Others
r ... ...Respondents
4. RFA No.366 of 2015
Follan & Others ... ...Appellants
Versus
N.T.P.C. Ltd. & Others ... ...Respondents
5. RFA No.367 of 2015
Rajesh Kumar & Others ... ...Appellants
Versus
N.T.P.C. Ltd. & Others ... ...Respondents
6. RFA No.472 of 2015
Ajay Kumar & Others ... ...Appellants
Versus
N.T.P.C. Ltd. & Others ... ...Respondents
7. RFA No.493 of 2015
Chet Ram through LRs Ravi Dass & Others ... ...Appellants
Versus
N.T.P.C. Ltd. & Others ... ...Respondents
8. RFA No.127 of 2016
Ravi Dass & Another ... ...Appellants
Versus
N.T.P.C. Ltd. & Others ... ...Respondents
Coram
The Hon'ble Mr.Justice Sandeep Sharma,Judge.
Whether approved for reporting ?1
1
Whether the reporters of Local Papers may be allowed to see the judgement? Yes.
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2
For the Appellant(s): Ms.Veena Sharma and Mr.Abhishek
Sharma, Advocates.
For Respondents 1 : Mr.Neeraj Gupta, Senior Advocate
with Ms.Rinki Kashmiri, Advocate.
For Respondent No.2: Mr.Sudhir Bhatnagar, Additional
Advocate General.
.
THROUGH VIDEO CONFERENCING
Sandeep Sharma,J.
Since all the above captioned appeals are directed against the award dated 02.06.2014 passed by learned District Judge, Bilaspur, same are being taken up together for adjudication with the consent of learned counsel representing the parties.
2. By way of aforesaid appeals filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act), challenge has been laid to award dated 02.06.2014 passed by learned District Judge, Bilaspur, in various Land Reference petitions as described in the award.
3. Undisputedly, the suit land belonging to claimants, situate in village Bohat, Tehsil Sadar, District Bilaspur, H.P. came to be acquired for public purpose;
namely; construction of Kol Dam Hydro Electric Project and acquisition proceedings commenced with the issuance of Notification under Section 4 of the Act on 06.10.2000. The Land Acquisition Collector (for short ::: Downloaded on - 08/01/2021 20:16:00 :::HCHP 3 'LAC') passed award No.46 of 2005 on 01.12.2005. It is not in dispute that market value of acquired land came to be determined/assessed on different rates, .
classification/ category-wise, ranging from Rs.1,04,416/- to Rs.4,69,955/- per bigha.
4. Claimants, being aggrieved and dissatisfied with the amount awarded by LAC, preferred reference petitions under Section 18 of the Act, seeking therein enhancement of compensation, however, fact remains that vide impugned award dated 02.06.2014 learned District Judge, Bilaspur, H.P. rejected the claim put forth by claimants for enhancement of compensation.
5. Being aggrieved and dissatisfied with the rejection of their claims for enhancement of original award passed by LAC vide award No.46 of 2005, dated 01.12.2005, claimants have approached this Court in the instant proceedings, laying therein challenge to award dated 02.06.2014, passed by learned District Judge, Bilaspur in the petitions having been filed under Section 18 of the Act.
6. It is not in dispute before this Court that similar situate claimants, whose land also came to be acquired for construction of Kol Dam in the acquisition proceedings commenced with the publication of ::: Downloaded on - 08/01/2021 20:16:00 :::HCHP 4 Notification issued under Section 4 of the Act on 06.10.2000, had filed land reference petitions before the learned District Judge, Bilaspur, praying therein to .
enhance the compensation awarded by LAC vide award No.46 of 2005, dated 01.12.2005.
7. As has been noticed above, LAC, while passing award No.46 of 2005, dated 01.12.2005, determined the market value of acquired land on different rates, classification/category-wise, ranging from Rs.1,04,416/-
r to Rs.4,69,955/- per bigha.
However, fact remains that similar situated claimants, being dissatisfied with quantum of compensation awarded by LAC in its award No.46 of 2005, dated 01.12.2005, filed reference petitions under Section 18 of the Act and those reference petitions were clubbed and disposed of by a common award passed in Reference Petition No.173 of 2008, titled as: Kanchan Kumari vs. Land Acquisition Collector, Kol Dam, Bilaspur and & Another, wherein the Reference Court re-determined the market value of entire land irrespective of its category/classification on uniform basis and awarded a sum of Rs.4,69,955/- per bigha.
8. Being aggrieved and dis-satisfied with the aforesaid award passed by learned District Judge, ::: Downloaded on - 08/01/2021 20:16:00 :::HCHP 5 Bilaspur, respondent No.2 - N.T.P.C. filed RFA No.4180 of 2013 a/w Cross Objection No.5 of 2017, titled as:
NTPC Limited Kol Dam, Barmana vs. Kanchan Kumari & .
Others, in this Court.
9. A Coordinate Bench of this Court vide judgment dated 11.01.2017, passed in aforesaid RFA No.4180 of 2013, upheld the award dated 27.08.2013 passed by learned District Judge, Bilaspur in the aforesaid Reference Petition No.173 of 2008, titled as: Kanchan Kumari vs. Land Acquisition Collector, Kol Dam, Bilaspur and & Another and reiterated the market value of entire acquired land irrespective of its category and classification as done by Reference Court.
10. Ms.Veena Sharma, learned counsel representing the appellants, while placing reliance upon the aforesaid judgment dated 11.1.2017, passed in RFA No.4180 of 2013, by the Coordinate Bench of this Court, contended that the appeals at hand also deserve to be disposed of in terms of aforesaid judgment because undisputedly claimants in the cases at hand alongwith the claimants who had filed Reference Petition No.173 of 2008, titled as: Kanchan Kumari vs. Land Acquisition Collector, Kol Dam, Bilaspur and & Another, were awarded compensation vide common award No.46 ::: Downloaded on - 08/01/2021 20:16:00 :::HCHP 6 of 2005. She further argued that since this Court had upheld the findings of Reference Court, returned in the aforesaid Reference Petition No.173/2008, therefore, the .
claimants in the instant cases are also entitled to market value of entire acquired land irrespective of its category/classifications by uniformly awarding a highest sum of Rs.4,69,955/- per bigha.
11. Mr.Neeraj Gupta, learned counsel representing respondent No.1, while fairly acknowledging the factum with regard to passing of judgment dated 11.01.2017 in RFA No.4180 of 2013, conceded that claimants in the cases at hand are also entitled to market value of acquired land @ Rs.4,69,955/- per bigha, which is highest rate awarded by the Collector and affirmed by the learned District Judge, Bilaspur in Reference Petition No.173 of 2008, titled as: Kanchan Kumari vs. Land Acquisition Collector, Kol Dam, Bilaspur and & Another, which has further been upheld by this Court in RFA No.4180 of 2013.
12. Consequently, in view of aforesaid discussion as well as fair stand adopted by Ms.Veena Sharma, learned counsel representing the appellants, all the present appeals are disposed of and it is ordered that ::: Downloaded on - 08/01/2021 20:16:00 :::HCHP 7 directions contained in RFA No.4180 of 2013 a/w Cross Objection No.5 of 2017, titled as: NTPC Limited Kol Dam, Barmana vs. Kanchan Kumari & Others, shall .
mutatis mutandis apply to the present cases also.
13. Respondent No.1 is directed to deposit the entire award amount in the Registry of this Court within a period of eight weeks from today.
14. Interim order, if any, is vacated. All the miscellaneous applications are disposed of.
January 7, 2021 (Sandeep Sharma)
(aks) Judge
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