The Renuka Ji Dam Project vs Unknown
2021 Latest Caselaw 4207 HP

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 27th DAY OF AUGUST, 2021

.

BEFORE

HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN

REGULAR FIRST APPEAL Nos. 142,143,

144, 145 and 146 of 2019.

REGULAR FIRST APPEAL No. 142 of 2019

Between:-

1.

THE RENUKA JI DAM PROJECT THROUGH ITS D.G.M., C/O HPPCL, SUB TEHSIL DADAHU,

DISTRICT SIRMAUR, H.P.

2. THE LAND ACQUISITION COLLECTOR HPPCL, UTTAM BHAWAN, SHIMLA, H.P.

......APPELLANTS/ RESPONDENTS NO. 1 & 2.

(BY SH.SHASHI SHIRSHOO, ADVOCATE)

AND

1. SHRI HARI CHAND(ALREADY MENTIONED AT SR. NO.4).

2. SMT. MANTI WIDOW OF SHRI DEEP RAM.

3. SHEELA WIDOW OF SHRI DEEP RAM.

4. SHRI HARI CHAND, SON OF SHRI DEEP RAM.

5. SHRI CHET RAM, SON OF SHRI MEENA RAM.

6. SMT. SHANTI DEVI WIDOW OF SHRI MEENA RAM.

7. SHRI SURENDER SON OF SHRI MEENA RAM.

8. SHRI LAIQ RAM SON OF SHRI MEENA RAM.

ALL RESIDENTS OF MAUZA PANNAR, POST OFFICE DADAHU, SUB TEHSIL DADAHU, DISTRICT SIRMAUR, H.P.

.

......RESPONDENTS / PETITIONERS

9. THE STATE OF HIMACHAL PRADESH THROUGH

THE DISTRICT COLLECTOR, SIRMAUR AT NAHAN, H.P.

......PROFORMA RESPONDENT/ RESPONDENT.

r to (SH. PAWAN K. SHARMA, ADVOCATE, FOR RESPONDENTS NO. 1 TO 3 & 5 TO 8)

(SH. ASHOK SHARMA, ADVOCATE GENERAL WITH SH. VINOD THAKUR,

SH. SHIV PAL MANHANS, ADDITIONAL ADVOCATE GENERALS AND SH. BHUPINDER THAKUR, DEPUTY ADVOCATE GENERAL,

FOR RESPONDENT NO. 9)

REGULAR FIRST APPEAL No. 143 of 2019

Between:-

1. THE RENUKA JI DAM PROJECT

THROUGH ITS D.G.M., C/O HPPCL, SUB TEHSIL DADAHU, DISTRICT SIRMAUR, H.P.

2. THE LAND ACQUISITION COLLECTOR HPPCL, UTTAM BHAWAN, SHIMLA, H.P.

......APPELLANTS/ RESPONDENTS NO. 1 & 2.

(BY SH.SHASHI SHIRSHOO, ADVOCATE)

AND

1. SHRI KIRPA RAM SON OF

SHRI NAIN SINGH, THROUGH HIS LEGAL HEIRS:-

.

(i) SMT. BELO DEVI WIFE OF LATE SHRI KIRPA RAM.

(ii) MS. AMRA DEVI, DAUGHTER

OF LATE SHRI KIRPA RAM.

(iii) MS. RITA DEVI, DAUGHTER OF LATE SHRI KIRPA RAM.

(iv) MS. SUNITA DEVI, DAUGHTER OF LATE SHRI KIRPA RAM.

(v) MS. SUSHMA DEVI, DAUGHTER OF

LATE SHRI KIRPA RAM.

(vi) MR. BILENDER SON OF LATE SHRI KIRPA RAM.

RESPONDENTS/PETITIONERS No. (iv) to (vi) BEING

MINOR THROUGH THEIR MOTHER AND NATURAL GUARDIAN SMT. BELO DEVI.

2. SMT. MEERA DEVI, DAUGHTER OF

SMT. BELO DEVI.

3. SMT. ASHA DEVI, DAUGHTER OF

SMT. BELO DEVI.

ALL RESIDENTS OF MAUZA PANNAR, POST OFFICE

DADAHU, SUB TEHSIL DADAHU, DISTRICT SIRMAUR, H.P.

......RESPONDENTS / PETITIONERS

4. THE STATE OF HIMACHAL PRADESH THROUGH THE DISTRICT COLLECTOR, SIRMAUR AT NAHAN, H.P.

......PROFORMA RESPONDENT/ RESPONDENT.

(SH. PAWAN K. SHARMA, ADVOCATE,

AND 3)

.

(SH. ASHOK SHARMA, ADVOCATE

GENERAL WITH SH. VINOD THAKUR, SH. SHIV PAL MANHANS, ADDITIONAL ADVOCATE GENERALS AND SH. BHUPINDER THAKUR,

DEPUTY ADVOCATE GENERAL, FOR RESPONDENT NO. 4)

REGULAR FIRST APPEAL No. 144 of 2019

Between:-

1. SHIVENDER SINGH, SON OF SH. RANJEET SINGH,

2. SHALENDER SINGH, SON OF

SH. RANJEET SINGH,

BOTH ARE RESIDENTS OF VILLAGE MAGROW, TEHSIL PACHHAD, DISTRICT

SIRMOUR, H.P.

3. KULDEEP SINGH, SON OF LATE SHRI LACHHMI SINGH,

4. ROOP SINGH, SON OF LATE SH. LACHHMI SINGH,

5. RATTAN SINGH, SON OF LATE SH. LACHHMI SINGH (DECEASED) THROUGH

LEGAL REPRESENTATIVES:-

a. SANJEEV KUMAR SON B. SURAJ SON C. SAPNA DAUGHTER;

D. REENA DAUTHER;

E. KRISHNA DEVI WIDOW: OF LATE RATTAN SINGH, ALL RESIDENTS OF VILLAGE CHAUNRI (KUFTU THALEDE KI BEHD), UP TEHSIL NARAG, DISTRICT SIRMAUR, HIMACHAL PRADESH.

6. SUNDER SINGH, SON OF LATE SH. LACHHMI SINGH.

7. RAVINDER SINGH SON OF LATE SH. LACHHMI SINGH.

8. NARINDER SINGH, SON OF LATE SH. LACHHMI SINGH,

.

(DECEASED) THROUGH LEGAL REPRESENTATIVES:

a. ROHIT; SON b. MOHIT SON;

c. SMT. URMILA DEVI WIFE, OF LATE NARENDER SINGH,

ALL RESIDENTS OF VILLAGE CHAUNRI (KUFTU THALEDE KI BEHD), UP TEHSIL NARAG, DISTRICT SIRMAUR, HIMACHAL PRADESH.

9. SMT. KANTA DEVI, D/O LATE SH. LACHHMI SINGH,

10. SMT. BALA DEVI, D/O LATE SH. LACHHMI SINGH,

11. SMT. TARA DEVI D/O LATE SH. LACHHMI SINGH,

12. YASHPAL SINGH, SON OF SH. ROOP SINGH,

13. SATPAL SINGH, SON OF SH. ROOP SINGH,

14. SMT. LEELA DEVI, WIDOW OF SH. ROOP SINGH,

15. SMT. SUNPA DEVI WIDOW OF SH. ATTAR SINGH,

16. GEETA RAM, SON OF SH. TEHAL DASS,

17. JASPAL SINGH, SON OF TEHAL DASS,

18. SUKH RAM, SON OF SH. BAJIRU RAM,

19. JAGMOHAN LAL, SON OF SH. GARIB DASS,

20. MANOHAR LAL, SON OF SH. GARIB DASS,

21. SHAMSHER SINGH, SON OF SH. MAHANDER PAL,

22. DHARAM SINGH, SON OF SH. MAHANDER PAL,

23. SH. KARAM SINGH, SON OF SH. MAHANDER PAL,

24. NAVEEEN SON OF SH. DEVI RAM,

25. SMT. LEELA DEVI, D/O SH. DEVI RAM,

ALL RESIDENTS OF VILLAGE THANA-KAVARI, P.O. DARON-DEVERIA, TEHSIL PACHHAD,

.

DISTRICT SIRMOUR, H.P.

26. SH. CHOUNKIA SON OF SH. KAPURIA (DECEASED) THROUGH LEGAL REPRESENTATIVES:

a) KEWAL RAM;

b) RAM LAL;

c) DINESH CHAND;

d) NARESH CHAND; SONS OF LATE CHOUNKIA RAM, ALL RESIDENTS OF VILLAGE BATAHAN (DARO DEVARIA),

UP TEHSIL NARAG, DISTRICT SIRMAUR, HIMACHAL PRADESH.

ALL RESIDENTS OF VILLAGE THANA-KAVARI, P.O. DARON-

DEVERIA, TEHSIL PACHHAD, DISTRICT SIRMOUR, H.P.

......APPELLANTS

(BY SH.RUPINDER SINGH THAKUR, SH. J.S. KANWAR, SH. BRIJESH SAKLANI

AND MS. SHASHI KIRAN ADVOCATES)

AND

1. LAND ACQUISITION COLLECTOR, HIMACHAL PRADESH PUBLIC WORKS DEPARTMENT,(SOUTH ZONE) WINTER FIELD,

SHIMLA-3.

2. THE STATE OF HIMACHAL PRADESH

THROUGH DISTRICT COLLECTOR AT NAHAN, DISTRICT SIRMOUR, H.P.

3. THE EXECUTIVE ENGINEER, HP PWD DIVISION RAJGARH, DISTRICT SIRMOUR, H.P.

......RESPONDENTS

(SH. ASHOK SHARMA, ADVOCATE GENERAL WITH SH. VINOD THAKUR, SH. SHIV PAL MANHANS, ADDITIONAL ADVOCATE GENERALS AND

SH. BHUPINDER THAKUR, DEPUTY ADVOCATE GENERAL, FOR RESPONDENTS NOS. 1 TO 3)

.

REGULAR FIRST APPEAL No. 145 of 2019

Between:-

1. THE RENUKA JI DAM PROJECT THROUGH ITS D.G.M., C/O HPPCL, SUB TEHSIL DADAHU, DISTRICT SIRMAUR, H.P.

2.

THE LAND ACQUISITION COLLECTOR HPPCL, UTTAM BHAWAN, SHIMLA, H.P.

......APPELLANTS/

RESPONDENTS NO. 1 & 2.

(BY SH.SHASHI SHIRSHOO, ADVOCATE)

AND

1. SHRI GOVIND SINGH SON OF LATE SHRI DEVI RAM.

2. SHRI GIAN SINGH SON OF LATE SHRI DEVI RAM.

3. SHRI PARMA NAND SON OF LATE SHRI DEVI RAM.

4. SHRI MITTER SINGH SON OF LATER SHRI DEVI RAM.

5. SHRI AMAR SINGH SON OF LATE SHRI DEVI RAM.

6. SMT. MONTI DEVI DAUGHTER OF LATE SHRI DEVI RAM.

7. SMT. BELO DEVI WIDOW OF SHRI MAST RAM.

ALL RESIDENTS OF MAUZA PANNAR, POST OFFICE DADAHU, SUB TEHSIL RENUKA, DISTRICT SIRMAUR, H.P.

......RESPONDENTS / PETITIONERS

8. THE STATE OF HIMACHAL PRADESH THROUGH THE DISTRICT COLLECTOR, SIRMAUR

AT NAHAN, H.P.

......PROFORMA RESPONDENT/

.

RESPONDENT.

(SH. RUPINDER SINGH THAKUR, SH. J.S. KANWAR, SH. BRIJESH SAKLANI AND MS. SHASHI KIRAN, ADVOCATES, FOR RESPONDENTS NO. 1, 5 TO 7.)

(SH. PAWAN K. SHARMA, ADVOCATE, FOR RESPONDENTS No. 2,3 AND 4)

(SH. ASHOK SHARMA, ADVOCATE

GENERAL WITH SH. VINOD THAKUR, SH. SHIV PAL MANHANS, ADDITIONAL ADVOCATE GENERALS AND SH. BHUPINDER THAKUR,

DEPUTY ADVOCATE GENERAL, FOR RESPONDENT NO. 8)

REGULAR FIRST APPEAL No. 146 of 2019

Between:-

1. THE RENUKA JI DAM PROJECT THROUGH ITS D.G.M., C/O HPPCL, SUB TEHSIL DADAHU,

DISTRICT SIRMAUR, H.P.

2. THE LAND ACQUISITION COLLECTOR

HPPCL, UTTAM BHAWAN, SHIMLA, H.P.

......APPELLANTS/ RESPONDENTS NO. 1 & 2.

(BY SH.SHASHI SHIRSHOO, ADVOCATE)

AND

1. SHRI BILENDER SON OF SHRI CHUHI RAM.

2. SHRI JASWANT SON OF SHRI CHUHI RAM.

3. SMT. DROPTI DAUGHTER OF SHRI CHUHI RAM.

4. SMT. PARIKSHA DAUGHTER OF SHRI CHUHI RAM.

5. SMT. SUNITA DAUGHTER OF SHRI CHUHI RAM.

.

6. SMT. DURGI DEVI WIDOW OF SHRI CHUHI RAM.

ALL RESIDENTS OF MAUZA PANNAR, POST OFFICE DADAHU, SUB TEHSIL RENUKA,

DISTRICT SIRMAUR, H.P.

......RESPONDENTS / PETITIONERS

7. THE STATE OF HIMACHAL PRADESH THROUGH

THE DISTRICT COLLECTOR, SIRMAUR AT NAHAN, H.P.

......PROFORMA RESPONDENT/ r RESPONDENT.

(SH. PAWAN K. SHARMA ADVOCATE FOR FOR RESPONDENTS NO. 1 TO 6.)

(SH. ASHOK SHARMA, ADVOCATE

GENERAL WITH SH. VINOD THAKUR, SH. SHIV PAL MANHANS, ADDITIONAL ADVOCATE GENERALS AND SH. BHUPINDER THAKUR,

DEPUTY ADVOCATE GENERAL, FOR RESPONDENT NO. 7)

These appeals coming on for hearing this day,

the Court delivered the following:

JUDGMENT

The learned counsel for the parties are ad idem

that the issue in question has been finally settled in RFA

No. 370 of 2014, titled 'The Renuka Dam Project and

another vs. Sh. Surender Singh and others, alongwith

connected matters, decided on 02.11.2018, the judgment

whereof has been upheld right up to the Hon'ble Supreme

.

Court.

2. Accordingly, the present appeals are disposed of

by holding the claimant (s) entitled for compensation of

Rs.5,00,000/- per bigha of land.

3. All pending applications stand disposed of.

(Tarlok Singh Chauhan) r Judge

27th August, 2021.

(krt)