1
REPORTABLE/NON-REPORTABLE
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
.
ON THE 15th DAY OF NOVEMBER, 2022
BEFORE
HON'BLE MR. JUSTICE SATYEN VAIDYA
REGULAR FIRST APPEAL Nos. 589, 590 and 591 of 2012
REGULAR FIRST APPEAL No. 589 of 2012
Between:
NTPC LTD. (KOL DAM) BARMANA, DISTT.
BILASPUR, HIMACHAL PRADESH, THROUGH
ITS SENIOR MANAGER, HUMAN RESOURCE
( LAND ACQUISITION) AND RELIEF AND
REHABILITATION.
........ APPELLANT
( BY MR. C.N. SINGH, ADVOCATE)
AND
1. SH. ROOP LAL, S/O SH. LOBHI RAM,
R/O VILLAGE CHAMYON, TEHSIL
SADAR, DISTRICT BILASPUR, H.P.
2. THE LAND ACQUISITION COLLECTOR,
KOL DAM, BILASPUR, CAMP AT
SUNDERNAGAR, DISTRICT MANDI, H.P.
3. DISTRICT COLLECTOR, BILASPUR,
H.P.
...... RESPONDENTS
(BY NARENDER THAKUR, DEPUTY ADVOCATE
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2
GENERAL FOR R-2 AND 3)
REGULAR FIRST APPEAL No. 590 of 2012
.
Between:
NTPC LTD. (KOL DAM) BARMANA, DISTT.
BILASPUR, HIMACHAL PRADESH, THROUGH
ITS SENIOR MANAGER, HUMAN RESOURCE
(LAND ACQUISITION) AND RELIEF AND
REHABILITATION.
........ APPELLANT
r AND to
( BY MR. C.N. SINGH, ADVOCATE)
1. SH. KISHORI LAL, SON OF SH. TULSI
RAM, R/O VILLAGE CHAMYON, TEHSIL
SADAR, DISTRICT BILASPUR, H.P.
2. THE LAND ACQUISITION COLLECTOR,
KOL DAM, BILASPUR, CAMP AT
SUNDERNAGAR, DISTRICT MANDI, H.P.
3. DISTRICT COLLECTOR, BILASPUR,
H.P.
...... RESPONDENTS
(BY NARENDER THAKUR, DEPUTY ADVOCATE
GENERAL FOR R-2 AND 3)
REGULAR FIRST APPEAL No. 591 of 2012
Between:
NTPC LTD. (KOL DAM) BARMANA, DISTT.
BILASPUR, HIMACHAL PRADESH, THROUGH
ITS SENIOR MANAGER, HUMAN RESOURCE
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3
(LAND ACQUISITION) AND RELIEF AND
REHABILITATION.
........ APPELLANT
.
( BY MR. C.N. SINGH, ADVOCATE)
AND
1. SH. KRISHAN DASS, SON OF SH. RAM
DITTA, R/O VILLAGE CHAMYON,
TEHSIL SADAR, DISTRICT BILASPUR,
H.P.
3. DISTRICT
r to
2. THE LAND ACQUISITION COLLECTOR,
KOL DAM, BILASPUR, CAMP AT
SUNDERNAGAR, DISTRICT MANDI, H.P.
COLLECTOR, BILASPUR,
H.P.
...... RESPONDENTS
(BY NARENDER THAKUR, DEPUTY ADVOCATE
GENERAL FOR R-2 AND 3)
RESERVED ON : 10.11.2022
DECIDED ON : 15.11.2022
These appeals coming on for pronouncement of
judgment this day, this Court passed the following:
JUDGMENT
All these regular first appeals are being disposed of by common order as they arise out of common judgment dated ::: Downloaded on - 15/11/2022 20:33:28 :::CIS 4 23.05.2012, passed by learned District Judge, Bilaspur, H.P. in Land Reference Petitions No. 3, 5, 6, 21 and 31 of 2006.
.
2. 273-13 Bighas of land came to be acquired in Village Chamyon, Tehsil Sadar, District Bilaspur, H.P. for construction of Kol Dam Hydroelectric Project. Notice under Section 4 of the Land Acquisition Act (for short "LAC') was published on 18.10.2000.
Respondent No. 2 passed award No. 13 of 2004 on 31.05.2004.
3. Dissatisfied with the award of Collector, appellants in the instant appeals filed petitions under Section 18 of the Act, which came to be clubbed with Land Reference Petitions No. 21 and 31 of 2006. The Land Reference Petition in RFA No. 589 of 2012 was registered as Petition No. 3 of 2006, Land Reference Petition in RFA No. 590 of 2012 was registered as Petition No. 5 of 2006 and Land Reference Petition in RFA No. 591 of 2012 was registered as Petition No. 6 of 2006 in the Court of learned District Judge, Bilaspur, H.P. All the Land Reference Petitions i.e. Petition Nos. 3,5,6, 21 and 31 of 2006, were decided by learned District Judge, Bilaspur, H.P., vide impugned award dated 23.05.2012.
4. The Land Acquisition Collector had offered market value of acquired land in Village Chamyon, Tehsil Sadar, District ::: Downloaded on - 15/11/2022 20:33:28 :::CIS 5 Bilaspur, H.P. at the rate varying between Rs. 94,553/- to Rs. 4,25,266/- per bigha, based on the classification of the land.
.
Vide award No. 13 of 2004, dated 31.05.2004. Learned District Judge, Bilaspur, H.P. while deciding the aforesaid reference petitions re-determined the market value of acquired land of Village Chamyon, Tehsil Sadar, District Bilaspur, H.P. as Rs.4,25,266/- per bigha, on uniform basis. The appellant has assailed the re-determination of market value of acquired land done by learned District Judge, Bilaspur, on the ground that such re-determination is without any legal basis.
5. Mr. C.N. Singh, Advocate, learned counsel representing the appellants in all the above noted appeals, has drawn the attention of this Court to judgment passed by a Coordinate Bench of this Court on 11.01.2017 in RFA No. 580 of 2012 alongwith Cross-Objections No. 1016 of 2012, whereby the award passed by learned Reference Court i.e. learned District Judge, Bilaspur, H.P. on 15.05.2012 in Reference Petition No. 08/2006 was upheld.
6. Perusal of aforesaid judgment dated 11.01.2017 passed in RFA No. 580 of 2012 reveals that the award of learned ::: Downloaded on - 15/11/2022 20:33:28 :::CIS 6 Reference Court upheld thereby also re-determined the market value of the land of Village Chamyon, Tehsil Sadar, District .
Bilaspur, H.P. acquired for construction of Kol Dam Hydroelectric Project. In that case also, learned Reference Court had re-determined the market value of the land of Village Chamyon, as offered by Land Acquisition Collector, vide award No. 13 of 2004, dated 31.05.2004.
7. In the instant appeals also, the land of same village, same award of Land Acquisition Collector and identical re-determination by Reference Court is involved. It appears that a number of reference petitions came to be decided by learned District Judge, Bilaspur, H.P. arising out of the same award number 13 of 2004 of Land Acquisition Collector, but were decided separately in different bunches.
8. The matter in the instant appeals being identical to the one decided by Coordinate Bench of this Court in RFA No. 580 of 2012 alongwith Cross- Objections No. 1016 of 2012, as noticed above, no different view is warranted keeping in view the evidence and other material on record. RFA No. 580 of 2012 alongwith Cross-Objections No. 1016 of 2012 were dismissed vide aforesaid ::: Downloaded on - 15/11/2022 20:33:28 :::CIS 7 judgment by providing detailed reasons. This Court has not found any reason to differ from the reasons assigned in aforesaid .
judgment.
9. In result, these appeals are dismissed and common award dated 23.05.2012, passed by learned District Judge, Bilaspur, H.P. in Land Reference Petitions No. 3,5,6, 21 and 31 of 2006, is upheld.
10. These appeals are accordingly disposed of, so also the pending miscellaneous application(s), if any.
( Satyen Vaidya ) Judge 15th November, 2022 (sushma) ::: Downloaded on - 15/11/2022 20:33:28 :::CIS 8 .
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