Himachal Pradesh High Court
Smt. Ishwari Devi vs Collector Land Acquisition on 21 December, 2021
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
.
ON THE 21st DAY OF DECEMBER, 2021
BEFORE
HON'BLE MR. JUSTICE SANDEEP SHARMA
REGULAR FIRST APPEAL NO. 729 OF 2012
Between:
1. SMT. ISHWARI DEVI,
W/O LATE SH. OM DUTT
2. NISHANT,
S/O LATE SH. OM DUTT
3. MANIK KUMAR,
S/O LATE SH. OM DUTT
4. PREETI,
D/O LATE SH. OM DUTT
5. RUCHIKA,
D/O LATE SH. OM DUTT
ALL RESIDENTS OF VILLAGE-SAINJ,
SUB-TEHSIL SAINJ, DISTRICT KULLU, H.P.
.... APPELLANTS
(BY MR. SUNIL MOHAN GOEL,
ADVOCATE)
AND
1. COLLECTOR LAND ACQUISITION
NHPC PARWATI HYDRO ELECTRIC PROJECT
LARJI DISTRICT KULLU, HP.
2. COLLECTOR, KULLU, DISTRICT KULLU, H.P.
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2
.
3. GENERAL MANAGER, NJPC,
STAGE-IIIRD JHIRI SUB-TEHSIL AUT,
DISTRICT MANDI, H.P.
....RESPONDENTS.
(BY MR. SUDHIR BHATNAGAR AND
MR. DESH RAJ THAKUR, ADDITIONAL
ADVOCATES GENERAL, WITH MR.
NARENDER THAKUR AND MR. KAMAL
KISHORE SHARMA, DEPUTY ADVOCATES
GENERAL, FOR THE STATE)
(BY MR. SAURAV AHLUWALIA,
ADVOCATE VICE MS. TANVI
CHAUHAN, ADVOCATE, FOR R-3)
Whether approved for reporting?.
This appeal coming on for hearing this day, the Court passed the following:
JUDGMENT
By way of aforesaid appeal filed under Section 54 of the
Land Acquisition Act, 1894 (hereinafter referred to as "the Act"),
challenge has been laid to award dated 30.4.2011, passed by learned
District Judge Kullu, District Kullu, H.P., in various Land Reference
petitions as described in the award.
2. Undisputedly, the suit land belonging to claimant(s),
situate in village Upper Sainj, as detailed in the award, came to be
acquired for public purpose; namely; construction of "Parbati Hydro
Electric Project Stage III" and acquisition proceedings commenced with
.
the issuance of Notifications under Section 4 of the Act on 5.9.2007.
The Land Acquisition Collector (for short 'LAC') passed common award
No. 43/2008 and awarded compensation of the acquired land as per
the classification and nature of the land mentioned in the award.
3. Claimants, being aggrieved and dissatisfied with the
amount of compensation awarded by 'LAC', preferred reference
petitions under Section 18 of the Act, before the learned District
Judge Kullu, District Kullu, H.P., seeking therein enhancement of
compensation, awarded by the Land Acquisition Collector. Learned
District Judge vide impugned award dated 30.4.2011, re-determined
the market value of the acquired land and enhanced the same at the
rate of Rs.20,000/- per biswa irrespective of nature and classification
of land alongwith all statutory benefits as mentioned in the award(s).
4. The appellants being aggrieved and dis-satisfied with the
aforesaid award passed by the learned District Judge Kullu, District
Kullu, H.P., have approached this Court by way of above captioned
appeal, seeking therein enhancement towards the super-structure.
5. It is not in dispute before this Court that similar situate
.
claimants, whose land also came to be acquired for construction of
"Parbati Hydro Electric Project Stage III" in the acquisition proceedings
commenced with the publication of Notification issued under Section
4 of the Act, had filed land reference petition before the learned
District Judge Kullu, praying therein to enhance the compensation
awarded by 'LAC' in its award No.43 of 2008.
r Those reference
petitions were clubbed and disposed of by common award passed in
Reference Petition No.99/2009, dated 30.4.2011, wherein the
Reference Court re-determined the market value of entire land
irrespective of classification and nature of the land on uniform basis
and awarded a sum of Rs.20,000/- per biswa.
6. Being aggrieved and dissatisfied with the aforesaid award
passed by learned District Judge Kullu, the appellants in the
aforesaid reference petitions, filed appeal, which came to be disposed
of by a Co-ordinate Bench of this Court vide judgment dated
08.12.2016 passed in RFA No. 374 of 2011, titled Vikal Sood and
Anr v. Collector Land Acquisition NHPC, Parbati Hydro Electric
Project Largi and Ors., by holding that Reference Court has rightly
determined the enhanced market value of land at the rate of
.
Rs.20,000/- per biswa, irrespective of nature and classification of
land in its award dated 30.4.2011 respectively, as well as re-
determined/enhanced the escalation by 40% towards the super-
structure.
7. Mr. Arvind Sharma, learned Additional Advocate General,
appearing for the respondents-State, while fairly acknowledging the
factum with regard to passing of judgment dated 08.12.2016 in
"Vikal Sood's case" (supra), conceded that claimants-appellants in
the case at hand are also entitled for compensation at the rate of
Rs.20,000/- per biswa irrespective of nature and classification of land
as per the said judgment along with enhancement of 40% on account
of super structure. Mr. Sunil Mohan Goel, learned counsel
representing the claimants-appellants, also acceded to the market
value of the land as well as super structure determined in "Vikal
Sood's case" (supra).
8. Consequently, in view of detailed discussion made
hereinabove as well as fair stand adopted by the learned Additional
Advocate General, present appeal is allowed and it is ordered that
directions contained in "Vikal Sood's case" (supra), shall mutatis
.
mutandis apply to the present case also.
9. Respondents are directed to deposit the entire award
amount in the Registry of this Court within a period of eight weeks
from today, if not already deposited.
10. Interim order, if any, is vacated. All the miscellaneous
applications are disposed of.
21st December, 2021 (Sandeep Sharma),
(manjit) Judge
