Himachal Pradesh vs Unknown
2021 Latest Caselaw 3915 HP

                                 REPORTABLE/NON-REPORTABLE


     IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA




                                                          .
                 ON THE 13TH DAY OF AUGUST, 2021





                              BEFORE

            HON'BLE MR. JUSTICE VIVEK SINGH THAKUR





              REGULAR FIRST APPEAL No. 233 OF 2012

BETWEEN:-





1.       HIMACHAL PRADESH
         STATE ELECTRICITY
         BOARD, SHIMLA,
         THROUGH ITS SECRETARY

         VIDUT BHAWAN, SHIMLA

         H.P.

2.       LAND ACQUISITION
         COLLECTOR, HPSEB,


         MANDI, DISTRICT MANDI,                        ....APPELLANTS
         H.P.




(BY SH. TARA SINGH CHAUHAN, ADVOCATE)





AND

1.       HARISH CHANDER HAZRI,





         S/O SUKH RAM HAZRI.

2.       LALIT KUMAR HAZARI
         S/O SUKH RAM HAZRI

3.       JAGJIT SINGH HAZRI
         S/O SUKH RAM HAZRI

         ALL RESIDENT OF VILLAGE
         KHUDDAR, NER, TEHSIL
         JOGINDER NAGAR,
         DISTRICT MANDI, H.P.                          ....RESPODNENTS

(BY SH. BHIM RAJ, ADVOCATE,
VICE MR.H.S. RANGRA, ADVOCATE)

            This Appeal coming on for orders this day, Hon'ble
Mr.Justice Vivek Singh Thakur, delivered the following:




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                                      2




                         JUDGMENT

Appellant Himachal Pradesh State Electricity Board

.

(hereinafter referred to as the Board) through the Land Acquisition Act,

has acquired the land, situated in village Kuddar, Tehsil Jogindernagar,

District Mandi, H.P., for construction of Uhl Hydal Project Stage-III.

2. This appeal has been preferred against a common award

dated 31.10.2011, passed by Reference Court in land Reference Petition

No. 21 of 2007, titled as Jonda & others vs. Himachal Pradesh State

Electricity Board, Shimla, and other connected reference petitions, decided

under section 18 of the Land Acquisition Act, 1894 (hereinafter referred to

as the Act), whereby rate of land under acquisition ranging from

`1,00,000/- to `4,10,000/- per bigha awarded by Land Acquisition

Collector vide Award No.292 dated 27.04.2006, fixed on the basis of

nature and classification of land, has been enhanced to a single uniform

rate i.e. `4,25,000/- per bigha irrespective of nature and classification of

land in question.

3. It is undisputed that in identical cases in RFA No.17 of 2012,

titled as Himachal Pradesh Electricity Board, Shimla vs. Jonda Ram

(deceased) through LRs Sh.Nagender Kumar & others, and other

connected appeals therewith, wherein land for the same project proponent

was acquired by the same notification dated 04.07.2003 issued under

Section 4 of the Act and Land Acquisition Collector had determined

identical value of the land pertaining to the same village. The Reference

Court had determined the value of land @ `4,25,000/- per bigha

irrespective of its nature and classification. The only difference is that in

present case, Land Acquisition Collector had determined value vide Award

No.292 dated 27.04.2006/03.05.2006, whereas, in the cases subject

matter of those appeals, Land Acquisition Collector had passed separate

Award No.295 dated 07.06.2006, but the said Award was identical to the

.

Award passed in present case.

4. Keeping in view the aforesaid similarity as also admitted by

learned counsel for the parties, I am of the considered view that present

appeal is squarely covered by judgment dated 18.05.2017, passed by

this Court in RFA No.17 of 2012, titled as Himachal Pradesh Electricity

Board, Shimla vs. Jonda Ram (deceased) through LRs Sh.Nagender

Kumar & others, alongwith other connected appeals and therefore, the

said judgment shall be mutatis mutandis, applicable in the present case

for all intents and purposes.

5. Accordingly, present appeal is dismissed, being devoid of

merit, with observation that land owners in the present case, shall also

be entitled for compensation, in terms of Award passed by the

Reference Court at uniform rates i.e. `4,25,000/- per bigha alongwith all

statutory benefits.

Pending application(s), if any, also stand disposed of.

                                                 (Vivek Singh Thakur),
     th
13 August, 2021                                         Judge.
          (Keshav)