Himachal Pradesh High Court

Kishori Lal Son Of Shri Ramji vs Ram Rakhi & Another Alongwith ... on 31 December, 2021

Bench: Jyotsna Rewal Dua

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

          ON THE 31st DAY OF DECEMBER 2021




                                                   .

                      BEFORE

       HON'BLE MS. JUSTICE JYOTSNA REWAL DUA





        REGULAR FIRST APPEAL NO. 311 OF 2015





      Between:-


      KISHORI LAL SON OF SHRI RAMJI,

      R/O VILLAGE HARNORA,

      TEHSIL SADAR, DISTRICT BILASPUR, H.P.
                                   .....APPELLANT

      (BY MS. ANUBHUTI SHARMA, ADVOCATE, VICE



      SH. JYOTIRMAY BHATT, ADVOCATE)




      AND





 1.   THE LAND ACQUISITION COLLECTOR, KOL DAM,
      BILASPUR CAMP AT SUNDERNAGAR,





      DISTRICT MANDI, HP.

 2.   NTPC THROUGH ITS ITS GENERAL MANAGER,
      KOL DAM, BARMANA, DISTRICT BILASPUR, HP.

                            ......RESPONDENTS

      (SMT. RITTA GOSWAMI, ADDITIONAL ADVOCATE
      GENERAL WITH SH. VIKRANT CHANDEL,
      DEPUTY ADVOCATE GENERAL, FOR R-1,

      SH. NEERAJ GUPTA, SENIOR ADVOCATE WITH
      MS. RINKI KASHMIRI, ADVOCATE, FOR R-2)




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                                                             .
               This appeal coming on for hearings this day, the





    Court passed the following:





                           JUDGMENT

Instant instant appeal under Section 54 of the Land

Acquisition Act has been preferred against the award dated

30.03.2013 passed by learned Additional District Judge (Fast

Track Court), Ghumarwin, District Bilaspur in Land Reference

No. 28-4 of 2007.

2. The grievance of the appellant is that value of his

houses was determined at low level and without taking into

consideration relevant parameters. That the appellant had

claimed enhancement in compensation as he was awarded only

Rs. 4,80,207/- qua the houses whereas he was entitled for

Rs. 5,76,080/- alongwith solatium and interest thereon. The

appellant has thus claimed enhancement in amount of

compensation to the tune of Rs. 95,873/- alongwith solatium

and up to date statutory interest by setting aside the award

dated 30.3.2013 on account of superstructures and houses.

3. The respondent-NTPC preferred Regular First

Appeal against an award dated 26.9.2011 passed by the District

Judge, Bilaspur in Reference Petition No. 37 of 2005. The

appeal bearing RFA No. 41 of 2012, titled NTPC Ltd. Kol Dam

vs. Ram Rakhi & another alongwith Cross Objections No. 369

of 2013 filed therein was decided by a Coordinate Bench of this

Court vide judgment dated 11.1.2017. The Cross Objector in

Ram Rakhi's case had prayed for enhancement of

compensation for the superstructure. The appeal as well as

Cross objections were dismissed vide this judgment, relevant

paras of which read as under:

"29. Insofar as the claim with regard to the superstructure is concerned, one finds the Reference Court to have aptly

dealt with the issue in paragraph 37 of the impugned Award. From bare perusal of paragraph 37, it is quite

apparent that no evidence with regard to superstructure, worthy of credence was led by the parties. Hence in the

absence of any other evidence on record, it cannot be said that the Reference Court erred in re-determining the

market value of the acquired land and awarding rates on uniform basis irrespective of its classification.

34. Cross-objection/cross-appeals stand rejected in view of the aforesaid discussion, more so, for the reason that no evidence other than the one discussed hereinabove, was brought to the notice of the Court.

35. Quite evidently, in terms of award No.5 of 2003, so passed by the Collector, several land reference petitions came to be clubbed and disposed of by the common impugned award dated 26.09.2011, passed by District Judge, Bilaspur, H.P., in Reference Petition No.37 of 2005

titled as Ram Rakhi Versus Land Acquisition Collector, Kol Dam, Bilaspur and another. Common evidence was led by

.

the parties in land Reference Petition No.33 of 2005.

Learned counsel for the parties jointly submit that decision rendered in the present appeal would have an automatic

bearing on the other connected appeals, arising out of the very same impugned award, pending before this Court. Registrar (Judicial) to take appropriate instructions from Hon'ble the Chief Justice for listing of such connected

appeals, before the appropriate Court particulars whereof shall also be supplied by learned counsel for the parties."

4. Land Reference Petition No. 28-4 of 2007 from

which instant appeal arises was decided alongwith various

other connected matters by the learned Reference Court on

30.3.2013. All these petitions were consolidated by the

Reference Court on 24.4.2010. The respondent-NTPC filed a

set of Regular First Appeals arising out of common award dated

30.3.2013. These appeals were decided on 1.12.2017 with

lead case RFA No. 4010 of 2013, titled NTPC Limited Kol Dam

Hydro Power Project versus Mohinder & others. In this bunch

of appeals, one of the matter was RFA No. 4016 of 2013,

titled NTPC Limited Kol Dam Hydro Power Project versus Lala

Ram & Others, wherein Cross Objections No. 65 of 2017 were

also preferred. In these Cross Objections, the award was

assailed by the landowners on the ground that compensation

qua the superstructure and houses situated over the land was

not enhanced by the Reference Court. Some of the grounds

taken in the Cross Objections for assailing the award dated

30.3.2013 are extracted hereinafter:

"(b) That the Ld. court below has not enhanced the compensation qua the fruit bearing trees, trees and

houses situated over the land under acquisition hence, on this account also impugned award deserves to be modified by enhancing the same.

(f) That the learned Reference Court has denied the

enhancement of compensation qua the houses and other structures on untenable grounds. It is worthwhile to submit that in the subsequent awards passed by the learned

Reference Court, particularly in the award dated 30.7.2013 passed in Reference Petitions Nos.227 of 2008 and other connected matters, the learned District Judge has granted

enhancement of compensation qua the structures on the

basis of similar evidence. In these circumstances, the denial of enhancement of compensation qua the

structures of the Objectors is untenable and the Objectors are entitled for enhancement of the compensation as claimed in the Reference petition, hence, the impugned award is liable to be modified by enhancement of compensation.

3. That 996 biswas of land owned by the cross objectors was acquired for the purposes of NTPC Kol Dam Project. As such, keeping in view the claim of the cross-objectors for enhancement to the tune of Rs. 26443800/-,court fee of is being affixed. The Objectors/Claimants have been

denied enhancement of compensation qua the houses and other structures. The Obejctors are collectively

.

claiming enhancement on this account to the tune of

Rs.525319/- and Court fees of Rs. is being affixed accordingly. The total claim of the claimants on both these

counts is to the tune of Rs.26969119/- and a court fees of Rs. 272360 is being affixed."

On considering the Cross Objections alongwith the

bunch of the Regular First Appeals preferred by the NTPC, the

appeals and well as Cross Objections were dismissed vide

following judgment dated 1.12.2017:

"In these appeals, so filed under Section 54 of the Land

Acquisition Act, 1894 (hereinafter referred to as the Act), the beneficiary of the acquisition proceedings has assailed the common award dated 30.3.2013, passed by learned

Additional District Judge (Fast Track Court), Ghumarwin,

Distt. Bilaspur, H.P. (Camp at Bilaspur), in Land Reference No. 15-4 of 2008, titled as Mohinder & others vs. Land Acquisition Collector, Kol Dam, Bilaspur, H.P. & others,

alongwith other connected matters. Also in one of the case the claimant has filed the Cross Objection against the said award.

2. It is not in dispute that appeals 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, already stand dismissed by this Court vide judgment dated 11.01.2017, passed in RFA No. 41 of 2012, titled as NTPC Ltd. Kol Dam vs. Ram Rakhi & another. The present Appeals as also the Cross

Objection are squarely covered by the said decision. Such fact is not disputed. As such, as jointly prayed for, the

.

present Appeals as also the Cross Objection stand

disposed of, in terms of the said judgment. Directions issued in the aforesaid decision shall mutatis mutandis

apply to the instant cases also. Pending application(s) if any, also stand disposed of accordingly. "

The appeals preferred by the respondent-NTPC

against the award dated 30.3.2013 have already been

dismissed by the Coordinate Bench of this Court vide judgment

dated 1.12.2017 passed in RFA No. 4010 of 2013, titled NTPC

Ltd. Kol Dam, Hydro Power Project versus Mohinder & others

and other connected appeals. The Cross Objections preferred

by the respondents/landowners in RFA No. 4016 of 2013, titled

NTPC Ltd. vs. Lala Ram claiming enhancement of

compensation for the houses and superstructures have also

been dismissed vide the common judgment dated 1.12.2017

following the ratio of judgment passed in Ram Rakhi's case

(RFA No. 41 of 2012). Instant appeal arises out of common