Himachal Pradesh High Court
Ntpc Ltd. (Kol Dam) Barmana vs Ramesh Chand & Another on 20 April, 2018
Author: Sanjay Karol
Bench: Sanjay Karol
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA RFA No. 3 of 2015 Date of Decision: 20.04.2018 .
NTPC Ltd. (Kol Dam) Barmana ...Appellant.
Versus Ramesh Chand & 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. For the Respondents: Mr.R.K.Bansal, Advocate, for respondent No.1.
r Mr. Ashok Sharma, Advocate General with M/s Ajay Vaidya, Sr. Additional Advocate General, Mr.Ranjan Sharma, Ms.Rita Goswami, Mr.Adarsh Sharma, Additional Advocate Generals & Ms.Svaneel Jaswal, Deputy Advocate General, for respondent No.2-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. in Land Reference Petition No.36-4 of 200807, titled as Ramesh Chand 1 Whether reporters of the local papers may be allowed to see the judgment?::: Downloaded on - 25/04/2018 22:55:30 :::HCHP 2
vs. The Land Acquisition Collector, Kol Dam, Bilaspur & another.
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.
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 - 25/04/2018 22:55:30 :::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),
April 20, 2018 Acting Chief Justice.
(Purohit)
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