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Himachal Pradesh High Court

Ntpc Limited Kol Dam Hydro Power Project vs Sh.Babu Ram & Others on 7 March, 2018

Author: Sanjay Karol

Bench: Sanjay Karol

IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA .

                                    RFA No. 4082 of 2013





                                    Date of Decision : March                7 , 2018


    NTPC Limited Kol Dam Hydro Power Project                         ...Appellant





                                    Versus
    Sh.Babu Ram & others                                            ... Respondents


    Coram:

The Hon'ble Mr. Justice Sanjay Karol, Acting Chief Justice.

Whether approved for reporting? No. 1

For the appellant : Mr. Neeraj Gupta and Ms. Poonam Gehlot, Advocates, for the appellant/NTPC.

For the respondent : Mr. K. S. Thakur, Advocate, for respondent No. 1.

Mr. Ashok Sharma, Advocate General with Ms. Ritta Goswami and Mr. Ranjan Sharma, Addl. A.Gs. for the 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 of the acquisition proceedings has Whether reporters of Local Papers may be allowed to see the judgment?

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assailed the common award dated 13.8.2012, passed by learned District Judge, Bilaspur, H.P., in Land Reference No. .

95 of 2007, titled as Babu Ram & others vs. Land Acquisition Collector, Kol Dam, Bilaspur, H.P. & another, alongwith other connected reference petitions.

2. Undisputedly claimants' land situate in village Kasol, 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 23.11.2000. The Collector Land acquisition passed his award No. 17 of 2004, dated 15.8.2004. 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 petitions under Section 18 of the Act, seeking re-determination of the market value of the acquired land, which stand decided in terms of impugned award dated 13.8.2012, in terms whereof, the market value of the acquired land stands re-determined @ `4,69,955/-

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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 11.01.2017, passed in RFA No. 792 of 2012, titled as NTPC Ltd. Kol Dam vs. Babu Ram & another. The present Appeal is squarely covered by the said decision. Such fact is not disputed. As such, as jointly prayed for, the present Appeal stands disposed of, in terms of the said judgment. Directions issued in the aforesaid decision shall mutatis mutandis apply to the instant case also. Pending application(s) if any, also stand disposed of accordingly.

(Sanjay Karol), Acting Chief Justice.

    March     7 , 2018 (PK)




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