Collector Land Acquisition ... vs Unknown
2021 Latest Caselaw 5675 HP

    IN   THE   HIGH    COURT    OF   HIMACHAL        PRADESH,            SHIMLA




                                                          .
                    ON THE 10th DAY OF DECEMBER, 2021





                              BEFORE
                HON'BLE MR. JUSTICE SANDEEP SHARMA





               REGULAR FIRST APPEAL NO. 4047 OF 2013

         Between:

    1.   COLLECTOR LAND ACQUISITION (HPSEB/HPPCL)





         SAINJ HYDRO ELECTRIC PROJECT,
         UTTAM BHAWAN, NEAR 103 TUNNEL,
         SHIMLA-171004, H.P.

    2.   GENERAL MANAGER,

         SAINJ HYDRO ELECTRIC PROJECT (HPPCL),

         SHARABAI, DISTRICT KULLU, H.P.
                                                             .... APPELLANTS
         (BY MR. VIVEK NEGI, ADVOCATE)


         AND


    1.   FATEH CHAND,




         S/O SHRI JHOPA RAM,
         RESIDENT OF VILLAGE TUNG,





         PHATI AND KOTHI SHENSHAR,
         SUB TEHSIL SAINJ, DISTRICT KULLU, H.P.
                                                            ....RESPONDENT.





    2.   COLLECTOR, KULLU,
         DISTRICT KULLU (H.P.
                                         ....PROFORMA RESPONDENT.
         (BY MR.NAVEEN K. BHARDWAJ,
         ADVOCATE, FOR R-1)

         (BY MR. SUDHIR BHATNAGAR AND
         MR. DESH RAJ THAKUR, ADDITIONAL




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          ADVOCATES GENERAL WITH MR.




                                                                      .
          NARENDER THAKUR, DEPUTY





          ADVOCATE GENERAL, FOR THE STATE)

    Whether approved for reporting?.
    This appeal coming on for orders this day, the Court passed the following:





                                        JUDGMENT

1. 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 have assailed the award dated 05.04.2013, passed

by learned District Judge, Kullu, H.P. in Reference Petition No.103 of 2011,

titled as Fateh Chand vs. Collector Land Acquisition (HPSEB/HPCL) &

others, alongwith connected reference petitions.

2. 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, stand decided by

this Court vide judgment dated 30.08.2017, passed in RFA No. 902 of 2012,

titled as The Land Acquisition Collector & another vs. Sh.Ram Lal and others

alongwith connected appeals. 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 is disposed of, in terms of the

said judgment. Directions issued in Ram Lal's case (supra) shall mutatis

mutandis apply to the instant case also. Pending application(s), if any, also

.

stand disposed of accordingly.

    10th December, 2021                          (Sandeep Sharma),
         (manjit)                                       Judge





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