Himachal Pradesh High Court
Renuka Ji Dam Project vs Kamal Dev & Ors. on 4 October, 2021
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 4nd DAY OF OCTOBER, 2021
BEFORE
.
HON'BLE MR.JUSTICE SANDEEP SHARMA
REGULAR FIRST APPEAL No.29 OF 2019
ALONGWITH
REGULAR FIRST APPEAL Nos.30, 31. 32. 33. 36, 39,
44, 45, 110, 111, 113, 114, 115, 116, 117, 118, 119,
120, 121, 122, 165 of 2019 and 240, 241, 244, 287,
288, 289, 290, 403 of 2018,
Between:-
(1) RFA NO.29 OF 2019.
1. RENUKA JI DAM PROJECT,
HIMACHAL PRADESH POWER
CORPORATION LTD,
THROUGH ITS MANAGING DIRECTOR,
HIMFED BUILDING, BCS, SHIMLA (HP).
2. THE LAND ACQUISITION COLLECTOR,
HPPCL,
HIMFED BUILDING, BCS SHIMLA (HP).
......APPELLANTS
(BY SH.SHASHI SHIRSHOO, ADVOCATE)
AND
1. SHRI ROOP SINGH
S/O SH.PRITHVI SINGH,
RESIDENT OF JAINCHA MAJHAI,
SUB-TEHSIL DADAHU,
DISTRICT SIRMOUR, HP
2. SH.DALIP SINGH
SON OF SHRI ROOP SINGH,
RESIDENT OF JAINCHA MAJHAI,
SUB-TEHSIL DADAHU,
DISTRICT SIRMOUR, HP.
...RESPONDENTS/PETITIONERS.
(BY SH.PAWAN KUMAR SHARMA, ADVOCATE)
3. STATE OF HIMACHAL PRADESH
THROUGH THE DISTRICT
COLLECTOR,
SIRMAUR AT NAHAN, H.P.
.
...PROFORMA RESPONDENT
(BY SH.SUDHIR BHATNAGAR,
ADDITIONAL ADVOCATE GENERAL
WITH SH.NARENDER THAKUR &
SH.KAMAL SHARMA, DEPUTY
ADVOCATE GENERALS.)
(2) RFA NO.30 OF 2019.
1. RENUKA JI DAM PROJECT,
HIMACHAL PRADESH POWER
CORPORATION LTD,
THROUGH ITS MANAGING DIRECTOR,
HIMFED BUILDING,
BCS, SHIMLA (HP).
2. THE LAND ACQUISITION COLLECTOR,
HPPCL,
HIMFED BUILDING,
BCS SHIMLA (HP).
......APPELLANTS
(BY SH.SHASHI SHIRSHOO, ADVOCATE)
AND
1. SHRI VIKRAM SINGH
S/O SH.RANDEEP SINGH
2. SHRI KIRAN DEVI
WIFE OF SH.RANDEEP SINGH
3. SHRI VIJAY KUMAR
S/O SH.RANDEEP SINGH
4. SMT.REENA DEVI
D/O SH.RANDEEP SINGH
5. SMT.NEELAM
D/O SH.RANDEEP SINGH
ALL RESIDENTS OF
JAINCHA MAJHAI,
SUB-TEHSIL DADAHU,
DISTRICT SIRMOUR, HP.
.
...RESPONDENTS/PETITIONERS.
(BY SH.PAWAN KUMAR SHARMA, ADVOCATE)
6. STATE OF HIMACHAL PRADESH
THROUGH THE DISTRICT COLLECTOR,
SIRMAUR AT NAHAN, H.P.
...PROFORMA RESPONDENT
(BY SH.SUDHIR BHATNAGAR,
ADDITIONAL ADVOCATE GENERAL
WITH SH.NARENDER THAKUR &
SH.KAMAL SHARMA, DEPUTY
ADVOCATE GENERALS.)
(3) RFA NO.31 OF 2019.
1. RENUKA JI DAM PROJECT,
HPPCL,
THROUGH ITS MANAGING DIRECTOR,
HIMFED BUILDING,
BCS, SHIMLA (HP).
2. THE LAND ACQUISITION COLLECTOR,
HPPCL,
HIMFED BUILDING,
BCS SHIMLA (HP).
......APPELLANTS
(BY SH.SHASHI SHIRSHOO, ADVOCATE)
AND
1. SHRI JAGDISH (SINCE
DECEASED) THROUGH HIS LRS:-
1(a) SMT.KAMLA DEVI
MOTHER OF SHRI JAGDISH
1(b) SMT.VIMLA DEVI
WIFE OF SHRI JAGDISH
1(c) BHARTI,
D/O SHRI JAGDISH
1(d) MEHAK
D/O SHRI JAGDISH
.
1(e) MANVI
D/O SHRI JAGDISH
1(f) NAVYA
D/O SHRI JAGDISH
1(g) MISHTI
D/O SHRI JAGDISH
(RESPONDENTS NO.1(c) TO 1(g)
BEING MINORS THROUGH THEIR
NATURAL GUARDIAN/MOTHER
SMT.VIMLA DEVI.)
2.
SH. RAVINDER KUMAR
3. SH. RAJINDER KUMAR
4. SH.SURAT SINGH
5. SH.CHANDER MOHAN
6. SH.VIJAY KUMAR
ALL SONS OF SHRI BHIM SINGH
7. SH.BHIM SINGH
SON OF SHRI MANGA RAM
ALL RESIDENTS OF
JAINCHA MAJHAI,
SUB-TEHSIL DADAHU,
DISTRICT SIRMOUR, HP.
...RESPONDENTS/PETITIONERS.
(BY SH.P.S. KANWAR, ADVOCATE)
8. STATE OF HIMACHAL PRADESH
THROUGH THE DISTRICT COLLECTOR,
SIRMAUR AT NAHAN, H.P.
...PROFORMA RESPONDENT
(BY SH.SUDHIR BHATNAGAR,
ADDITIONAL ADVOCATE GENERAL
WITH SH.NARENDER THAKUR &
SH.KAMAL SHARMA, DEPUTY
ADVOCATE GENERALS.)
.
(4) RFA NO.32 OF 2019.
1. RENUKA JI DAM PROJECT,
HPCCL,
THROUGH ITS MANAGING DIRECTOR,
HIMFED BUILDING,
BCS, SHIMLA (HP).
2. THE LAND ACQUISITION COLLECTOR,
HPPCL,
HIMFED BUILDING,
BCS SHIMLA (HP).
r ......APPELLANTS
(BY SH.SHASHI SHIRSHOO, ADVOCATE)
AND
1. SHRI KESHWA NAND
SON OF SHRI SANT RAM,
RESIDENT OF JAINCHA MAJHAI,
SUB-TEHSIL DADAHU,
DISTRICT SIRMAUR, HP.
...RESPONDENT/PETITIONER.
(BY SH.PAWAN KUMAR SHARMA, ADVOCATE)
2. STATE OF HIMACHAL PRADESH
THROUGH THE DISTRICT COLLECTOR,
SIRMAUR AT NAHAN, H.P.
...PROFORMA RESPONDENT
(BY SH.SUDHIR BHATNAGAR,
ADDITIONAL ADVOCATE GENERAL
WITH SH.NARENDER THAKUR &
SH.KAMAL SHARMA, DEPUTY
ADVOCATE GENERALS.)
(5) RFA NO.33 OF 2019.
1. RENUKA JI DAM PROJECT,
HPCCL,
THROUGH ITS MANAGING DIRECTOR,
HIMFED BUILDING,
.
BCS, SHIMLA (HP).
2. THE LAND ACQUISITION COLLECTOR,
HPPCL,
HIMFED BUILDING,
BCS SHIMLA (HP).
......APPELLANTS
(BY SH.SHASHI SHIRSHOO, ADVOCATE)
AND
1. SHRI DINESH KUMAR &
2. SH.RAKESH KUMAR
(BOTH SONS OF SHRI SOM
PRAKASH)
3. SMT.ROSHNI DEVI
WD/O LATE SH.SOM PRAKASH
4. SH.AKASH GUPTA
SON OF SHRI RAKESH KUMAR
5. SMT.RAKSHA DEVI
6. SMT.SUDESH KUMARI
7. SMT.REKHA KUMARI
(ALL SONS AND DAUGHTERS OF
SH.SOM PRAKASH)
8. RAJ KUMAR
9. SHYAM LAL
10. SUSHIL KUMAR
(ALL SONS OF SHRI RAM
SWARUP)
(PETITIONER NO.1 HIMSELF AND
2 TO 10 THROUGH SHRI DINESH
KUMAR, GPA HOLDER)
ALL RESIDENTS OF
JAINCHA MAJHAI,
SUB-TEHSIL DADAHU,
.
DISTRICT SIRMOUR, HP.
...RESPONDENTS/PETITIONERS.
(BY SH.P.S. KANWAR, ADVOCATE)
11. STATE OF HIMACHAL PRADESH
THROUGH THE DISTRICT COLLECTOR,
SIRMAUR AT NAHAN, H.P.
...PROFORMA RESPONDENT
(BY SH.SUDHIR BHATNAGAR,
ADDITIONAL ADVOCATE GENERAL
WITH SH.NARENDER THAKUR &
SH.KAMAL SHARMA, DEPUTY
ADVOCATE GENERALS.)
(6) RFA NO.36 OF 2019.
1. RENUKA JI DAM PROJECT,
HPCCL,
THROUGH ITS MANAGING DIRECTOR,
HIMFED BUILDING,
BCS, SHIMLA (HP).
2. THE LAND ACQUISITION COLLECTOR,
HPPCL,
HIMFED BUILDING,
BCS SHIMLA (HP).
......APPELLANTS
(BY SH.SHASHI SHIRSHOO, ADVOCATE)
AND
1. SHRI RATTAN SINGH
SON OF SHRI ROOP SINGH
RESIDENT OF JAINCHA MAJHAI,
SUB-TEHSIL DADAHU,
DISTRICT SIRMOUR, HP
...RESPONDENT/PETITIONER.
(BY SH.PAWAN KUMAR SHARMA, ADVOCATE)
2. STATE OF HIMACHAL PRADESH
THROUGH THE DISTRICT COLLECTOR,
SIRMAUR AT NAHAN, H.P.
...PROFORMA RESPONDENT
.
(BY SH.SUDHIR BHATNAGAR,
ADDITIONAL ADVOCATE GENERAL
WITH SH.NARENDER THAKUR &
SH.KAMAL SHARMA, DEPUTY
ADVOCATE GENERALS.)
(7) RFA NO.39 OF 2019.
1. RENUKA JI DAM PROJECT,
HPCCL,
THROUGH ITS MANAGING DIRECTOR,
HIMFED BUILDING,
BCS, SHIMLA (HP).
2.
THE LAND ACQUISITION COLLECTOR,
HPPCL,
HIMFED BUILDING,
BCS SHIMLA (HP).
......APPELLANTS
(BY SH.SHASHI SHIRSHOO, ADVOCATE)
AND
1. SH.JAI PAL SINGH
2. SMT.UMA DEVI, 53 YEARS
3. SMT.MAHIMA DEVI, 52 YEARS
4. SMT.ASHA DEVI, 50 YEARS
5. SMT.SHEELA DEVI, 48 YEARS
6. SMT.HEMANTI DEVI, 42 YEARS
7. SH.INDER PAL
(HIMSELF AND GPA OF
YEARS)
ALL SONS AND DAUGHTERS OF
SHRI RATTAN SINGH.
8. SMT.SUMITRA DEVI WIFE OF
SHRI RATTAN SINGH, 65 YEARS.
ALL RESIDENTS OF
.
JAINCHA MAJHAI,
SUB-TEHSIL DADAHU,
DISTRICT SIRMOUR, HP.
...RESPONDENTS/PETITIONERS.
(BY SH.PAWAN KUMAR SHARMA, ADVOCATE)
9. STATE OF HIMACHAL PRADESH
THROUGH THE DISTRICT COLLECTOR,
SIRMAUR AT NAHAN, H.P.
...PROFORMA RESPONDENT
(BY
SH.SUDHIR BHATNAGAR,
ADDITIONAL ADVOCATE GENERAL
WITH SH.NARENDER THAKUR &
SH.KAMAL SHARMA, DEPUTY
ADVOCATE GENERALS.)
(8) RFA NO.44 OF 2019.
1. RENUKA JI DAM PROJECT,
HPCCL,
THROUGH ITS MANAGING DIRECTOR,
HIMFED BUILDING,
BCS, SHIMLA (HP).
2. THE LAND ACQUISITION COLLECTOR,
HPPCL,
HIMFED BUILDING,
BCS SHIMLA (HP).
......APPELLANTS
(BY SH.SHASHI SHIRSHOO, ADVOCATE)
AND
1. SH.PRAKASH THAKUR
2. SH.HUNNAR SINGH
3. LAKSHMI DEVI
4. SHEELA DEVI
5. TARA DEVI
.
ALL SONS AND DAUGHTERS OF
SHRI MOHAN SINGH
ALL RESIDENTS OF
JAINCHA MAJHAI,
SUB-TEHSIL DADAHU,
DISTRICT SIRMOUR, HP.
...RESPONDENTS/PETITIONERS.
(BY SH.PAWAN KUMAR SHARMA, ADVOCATE)
6.
STATE OF HIMACHAL PRADESH
THROUGH THE DISTRICT COLLECTOR,
SIRMAUR AT NAHAN, H.P.
...PROFORMA RESPONDENT
(BY SH.SUDHIR BHATNAGAR,
ADDITIONAL ADVOCATE GENERAL
WITH SH.NARENDER THAKUR &
SH.KAMAL SHARMA, DEPUTY
ADVOCATE GENERALS.)
(9) RFA NO.45 OF 2019.
1. RENUKA JI DAM PROJECT,
HPCCL,
THROUGH ITS MANAGING DIRECTOR,
HIMFED BUILDING,
BCS, SHIMLA (HP).
2. THE LAND ACQUISITION COLLECTOR,
HPPCL,
HIMFED BUILDING,
BCS SHIMLA (HP).
......APPELLANTS
(BY SH.SHASHI SHIRSHOO, ADVOCATE)
AND
1. SH.RAM DUTT
SON OF SHRI SHOBHA RAM,
RESIDENT OF JAINCHA MAJHAI,
SUB-TEHSIL DADAHU,
DISTRICT SIRMOUR, HP.
...RESPONDENT/PETITIONER.
.
(BY SH.PAWAN KUMAR SHARMA, ADVOCATE)
2. STATE OF HIMACHAL PRADESH
THROUGH THE DISTRICT COLLECTOR,
SIRMAUR AT NAHAN, H.P.
...PROFORMA RESPONDENT
(BY SH.SUDHIR BHATNAGAR,
ADDITIONAL ADVOCATE GENERAL
WITH SH.NARENDER THAKUR &
SH.KAMAL SHARMA, DEPUTY
ADVOCATE GENERALS.)
10. RFA NO.110 OF 2019.
1. RENUKA JI DAM PROJECT,
HPCCL,
THROUGH ITS MD/DGM C/O HPPCL,
SUB TEH.DADAHU
DISTRICT SIRMAUR, H.P.
2. THE LAND ACQUISITION COLLECTOR,
HPPCL,
UTTAM BHAWAN,
SHIMLA-4, H.P.
......APPELLANTS
(BY SH.VIKAS MISHRA, ADVOCATE)
AND
1. SHRI ROOP SINGH
SON OF SHRI PRITHIVI SINGH,
RESIDENT OF JAINCHA MAJHAI,
SUB-TEHSIL DADAHU,
DISTRICT SIRMOUR, HP.
2. DALIP SINGH
SON OF SHRI ROOP SINGH,
RESIDENT OF JAINCHA MAJHAI,
SUB-TEHSIL DADAHU,
DISTRICT SIRMOUR, HP.
...RESPONDENTS
(BOTH RESPONDENTS EX-PARTE)
.
2. THE STATE OF HIMACHAL PRADESH
THROUGH THE DISTRICT COLLECTOR,
SIRMAUR AT NAHAN, H.P.
...PROFORMA RESPONDENT
(BY SH.SUDHIR BHATNAGAR,
ADDITIONAL ADVOCATE GENERAL
WITH SH.NARENDER THAKUR &
SH.KAMAL SHARMA, DEPUTY
ADVOCATE GENERALS.)
11. RFA NO.111 OF 2019.
1. RENUKA JI DAM PROJECT,
HPCCL,
THROUGH ITS MD/DGM C/O HPPCL,
SUB TEH.DADAHU
DISTRICT SIRMAUR, H.P.
2. THE LAND ACQUISITION COLLECTOR,
HPPCL,
UTTAM BHAWAN,
SHIMLA-4,
H.P.
......APPELLANTS
(BY SH.VIKAS MISHRA, ADVOCATE)
AND
1. PRAKASH THAKUR
2. HUNNAR SINGH
3. LAKSHMI DEVI
4. SHEELA DEVI
5. TARA DEVI
ALL SONS & DAUGHTERS OF
SHRI MOHAN SINGH
ALL RESIDENT OF JAINCHA MAJHAI,
SUB-TEHSIL DADAHU,
DISTRICT SIRMOUR, HP.
...RESPONDENTS
(BY SH.PAWAN KUMAR SHARMA, ADVOCATE)
.
6. THE STATE OF HIMACHAL PRADESH
THROUGH THE DISTRICT COLLECTOR,
SIRMAUR AT NAHAN, H.P.
...PROFORMA RESPONDENT
(BY SH.SUDHIR BHATNAGAR,
ADDITIONAL ADVOCATE GENERAL
WITH SH.NARENDER THAKUR &
SH.KAMAL SHARMA, DEPUTY
ADVOCATE GENERALS.)
12. RFA NO.113 OF 2019.
1. RENUKA JI DAM PROJECT,
HPCCL,
THROUGH ITS MD/DGM C/O HPPCL,
SUB TEH.DADAHU
DISTRICT SIRMAUR, H.P.
2. THE LAND ACQUISITION COLLECTOR,
HPPCL,
UTTAM BHAWAN,
SHIMLA-4,
H.P.
......APPELLANTS
(BY SH.VIKAS MISHRA, ADVOCATE)
AND
1. SHRI RATTAN SINGH
SON OF SHRI ROOP SINGH,
RESIDENT OF JAINCHA MAJHAI,
SUB-TEHSIL DADAHU,
DISTRICT SIRMOUR, HP.
...RESPONDENT
(BY SH.PAWAN KUMAR SHARMA, ADVOCATE)
2. THE STATE OF HIMACHAL PRADESH
THROUGH THE DISTRICT COLLECTOR,
SIRMAUR AT NAHAN, H.P.
...PROFORMA RESPONDENT
.
(BY SH.SUDHIR BHATNAGAR,
ADDITIONAL ADVOCATE GENERAL
WITH SH.NARENDER THAKUR &
SH.KAMAL SHARMA, DEPUTY
ADVOCATE GENERALS.)
13. RFA NO.114 OF 2019.
1. RENUKA JI DAM PROJECT,
HPCCL,
THROUGH ITS MD/DGM C/O HPPCL,
SUB TEH.DADAHU
DISTRICT SIRMAUR, H.P.
2.
THE LAND ACQUISITION COLLECTOR,
HPPCL,
UTTAM BHAWAN,
SHIMLA-4, H.P.
......APPELLANTS
(BY SH.VIKAS MISHRA, ADVOCATE)
AND
1. SHRI VIKRAM SINGH
SON OF SHRI RANDEEP SINGH
2. SMT.KIRAN DEVI
WIFE OF SHRI RANDEEP SINGH
3. SHRI VIJAY KUMAR
SON OF SHRI RANDEEP SINGH
4. SMT.REENA DEVI
D/O SHRI RANDEEP SINGH
5. SMT.NEELAM
D/O SHRI RANDEEP SINGH
ALL RESIDENT OF JAINCHA MAJHAI,
SUB-TEHSIL DADAHU,
DISTRICT SIRMOUR, HP.
...RESPONDENTS
(BY SH.PAWAN KUMAR SHARMA, ADVOCATE)
6. THE STATE OF HIMACHAL PRADESH
.
THROUGH THE DISTRICT COLLECTOR,
SIRMAUR AT NAHAN, H.P.
...PROFORMA RESPONDENT
(BY SH.SUDHIR BHATNAGAR,
ADDITIONAL ADVOCATE GENERAL
WITH SH.NARENDER THAKUR &
SH.KAMAL SHARMA, DEPUTY
ADVOCATE GENERALS.)
(14) RFA NO.115 OF 2019.
1. to
RENUKA JI DAM PROJECT,
HPCCL,
THROUGH ITS MD/DGM,
C/O HPPCL
SUB TEHSIL DADAHU,
DISTRICT SIRMAUR, H.P.
2. THE LAND ACQUISITION COLLECTOR,
HPPCL,
UTTAM BHAWAN,
SHIMLA-4, H.P.
......APPELLANTS
(BY SH.VIKAS MISHRA, ADVOCATE)
AND
1. SHRI JAGDISH (SINCE
DECEASED) THROUGH HIS LRS:-
1(a) SMT.KAMLA DEVI
MOTHER OF SHRI JAGDISH
1(b) SMT.VIMLA DEVI
WIFE OF SHRI JAGDISH
1(c) BHARTI,
D/O SHRI JAGDISH
1(d) MEHAK
D/O SHRI JAGDISH
1(e) MANVI
D/O SHRI JAGDISH
1(f) NAVYA
.
D/O SHRI JAGDISH
1(g) MISHTI
D/O SHRI JAGDISH
(RESPONDENTS NO.1(c) TO 1(g)
MINORS THROUGH THEIR
MOTHER SMT.VIMLA DEVI.)
2. SH. RAVINDER KUMAR
3. SH. RAJINDER KUMAR
4. SH.SURAT SINGH
5.
SH.CHANDER MOHAN
6. SH.VIJAY KUMAR
ALL SONS OF SHRI BHIM SINGH
7. SH.BHIM SINGH
SON OF SHRI MANGA RAM
ALL RESIDENTS OF
JAINCHA MAJHAI,
SUB-TEHSIL DADAHU,
DISTRICT SIRMOUR, HP.
...RESPONDENTS/PETITIONERS.
(BY SH.PAWAN KUMAR SHARMA, ADVOCATE)
8. STATE OF HIMACHAL PRADESH
THROUGH THE DISTRICT COLLECTOR,
SIRMAUR AT NAHAN, H.P.
...PROFORMA RESPONDENT
(BY SH.SUDHIR BHATNAGAR,
ADDITIONAL ADVOCATE GENERAL
WITH SH.NARENDER THAKUR &
SH.KAMAL SHARMA, DEPUTY
ADVOCATE GENERALS.)
(15) RFA NO.116 OF 2019.
1. RENUKA JI DAM PROJECT,
HPPCL,
.
THROUGH ITS MD/DGM,
C/O HPPCL
SUB TEHSIL DADAHU,
DISTRICT SIRMAUR, H.P.
2. THE LAND ACQUISITION COLLECTOR,
HPPCL,
UTTAM BHAWAN,
SHIMLA-4, H.P.
......APPELLANTS
(BY SH.VIKAS MISHRA, ADVOCATE)
AND r
1. SH.JAI PAL SINGH
2. SMT.UMA DEVI
3. SMT.MAHIMA DEVI
4. SMT.ASHA DEVI
5. SMT.SHEELA DEVI
6. SMT.HEMANTI DEVI
7. SH.INDER PAL
(HIMSELF AND GPA OF
PETITIONERS NO.1 TO 7 & 8)
ALL SONS AND DAUGHTERS OF
SHRI RATTAN SINGH.
8. SMT.SUMITRA DEVI WIFE OF
SHRI RATTAN SINGH.
(DELETED VIDE ORDER DATED
03.09.2021. HER LRS ARE
ALREADY ON RECORD AS R-1 TO
R-7)
ALL RESIDENTS OF
JAINCHA MAJHAI,
SUB-TEHSIL DADAHU,
DISTRICT SIRMOUR, HP.
...RESPONDENTS/PETITIONERS.
(BY SH.PAWAN KUMAR SHARMA,
.
ADVOCATE FOR RESPONDENTS
NO.1 TO 5 & 7)
9. STATE OF HIMACHAL PRADESH
THROUGH THE DISTRICT COLLECTOR,
SIRMAUR AT NAHAN, H.P.
...PROFORMA RESPONDENT
(BY SH.SUDHIR BHATNAGAR,
ADDITIONAL ADVOCATE GENERAL
WITH SH.NARENDER THAKUR &
SH.KAMAL SHARMA, DEPUTY
ADVOCATE GENERALS.)
16. RFA NO.117 OF 2019
1. RENUKA JI DAM PROJECT,
HPPCL,
THROUGH ITS MD/DGM C/O HPPCL,
SUB TEH.DADAHU
DISTRICT SIRMAUR, H.P.
2. THE LAND ACQUISITION COLLECTOR,
HPPCL,
UTTAM BHAWAN,
SHIMLA-4, H.P.
......APPELLANTS
(BY SH.VIKAS MISHRA, ADVOCATE)
AND
1. SHRI SOHAN SINGH
SON OF SHRI CHURA
(SINCE DECEASED THROUGH HIS
LEGAL HEIRS):
(a) KARAM CHAND (SON)
(b) RAMESHWAR (SON)
(c) RAVINDER (SON)
(d) SMT.PROMILA (DAUGHTER)
(e) SMT.KALA DEVI (WIDOW)
.
ALL RESIDENT OF
VILLAGE JAINCHA MANJHAI,
TEHSIL DADAHU,
DISTRICT SIRMOUR, H.P.
2. SMT.NAKRI DEVI
W/O SHRI DHURA
(SINCE DECEASED THROUGH
HER LEGAL HEIRS):
(a) KARAM CHAND
SON OF SOHAN SINGH
(b) RAMESHWAR
SON OF SOHAN SINGH
(c) RAVINDER
SON OF SOHAN SINGH
(d) SMT.PROMILA
DAUGHTER OF SOHAN SINGH
(e) SMT.KALA DEVI
WIDOW OF SOHAN SINGH
(f) SAVANI DEVI
DAUGHTER OF CHURA
(g) SMT.PROMILA
DAUGHTER OF KIRPA RAM
(h) SMT.KALA DEVI
WIDOW OF KIRPA RAM
(i) SMT.NIRMALA DEVI
DAUGHTER OF DEEP RAM
(j) SMT.SUKHMA DEVI
DAUGHTER OF DEEP RAM
(k) SMT.SITA DEVI
WIDOW OF DEEP RAM
(l) KIRAN DEVI
DAUGHTER OF KALYAN SINGH
.
ALL RESIDENTS OF
VILLAGE JAINCHA MANJHAI,
POST OFFICE KOTLA MOLAR,
TEHSIL DADAHU,
DISTRICT SIRMOUR, H.P.
3. SMT.KALA DEVI
W/O SHRI KIRPA RAM,
ALL RESIDENT OF
JAINCHA MAJHAI
SUB TEHSIL DADAHU
DISTRICT SIRMAUR, H.P.
...RESPONDENTS
(BY SH.P.S. KANWAR, ADVOCATE,
FOR RESPONDENTS NO.1(a) TO 1(e) AND 3)
4. THE STATE OF HIMACHAL PRADESH
THROUGH THE DISTRICT COLLECTOR,
SIRMAUR AT NAHAN, H.P.
...PROFORMA RESPONDENT
(BY SH.SUDHIR BHATNAGAR,
ADDITIONAL ADVOCATE GENERAL
WITH SH.NARENDER THAKUR &
SH.KAMAL SHARMA, DEPUTY
ADVOCATE GENERALS.)
17. RFA NO.118/2019
1. RENUKA JI DAM PROJECT,
HPPCL,
THROUGH ITS MD/DGM C/O HPPCL,
SUB TEH.DADAHU
DISTRICT SIRMAUR, H.P.
2. THE LAND ACQUISITION COLLECTOR,
HPPCL,
UTTAM BHAWAN,
SHIMLA-4, H.P.
......APPELLANTS
(BY SH.VIKAS MISHRA, ADVOCATE)
.
AND
1. CHANJALI
W/O SHRI PREM SINGH,
RESIDENT OF JAINCHA MAJHAI,
SUB-TEHSIL DADAHU,
DISTRICT SIRMOUR, HP.
...RESPONDENT
(BY SH.P.S. KANWAR, ADVOCATE)
2.
THE STATE OF HIMACHAL PRADESH
THROUGH THE DISTRICT COLLECTOR,
SIRMAUR AT NAHAN, H.P.
...PROFORMA RESPONDENT
(BY SH.SUDHIR BHATNAGAR,
ADDITIONAL ADVOCATE GENERAL
WITH SH.NARENDER THAKUR &
SH.KAMAL SHARMA, DEPUTY
ADVOCATE GENERALS.)
18. RFA NO.119 OF 2019
1. RENUKA JI DAM PROJECT,
HPPCL,
THROUGH ITS MD/DGM C/O HPPCL,
SUB TEH.DADAHU
DISTRICT SIRMAUR, H.P.
2. THE LAND ACQUISITION COLLECTOR,
HPPCL,
UTTAM BHAWAN,
SHIMLA-4,
H.P.
......APPELLANTS
(BY SH.VIKAS MISHRA, ADVOCATE)
AND
1. SHRI SADA NAND
SON OF SHRI UDAY RAM,
RESIDENT OF JAINCHA MAJHAI,
.
SUB-TEHSIL DADAHU,
DISTRICT SIRMOUR, HP.
...RESPONDENT
(BY SH.P.S. KANWAR, ADVOCATE)
2. THE STATE OF HIMACHAL PRADESH
THROUGH THE DISTRICT COLLECTOR,
SIRMAUR AT NAHAN, H.P.
...PROFORMA RESPONDENT
(BY SH.SUDHIR BHATNAGAR,
ADDITIONAL ADVOCATE GENERAL
WITH SH.NARENDER THAKUR &
SH.KAMAL SHARMA, DEPUTY
ADVOCATE GENERALS.)
19. RFA NO.120/2019
1. RENUKA JI DAM PROJECT,
THROUGH ITS MD/DGM,
C/O HPPCL,
SUB TEHSIL DADAHU,
DISTRICT SIRMAUR, H.P.
2. THE LAND ACQUISITION COLLECTOR,
HPPCL,
UTTAM BHAWAN,
SHIMLA-4, H.P.
......APPELLANTS
(BY SH.VIKAS MISHRA, ADVOCATE)
AND
1. SHRI PARTAP SINGH S/O SHRI
MADHA RAM (SINCE DECEASED
THROUGH LEGAL HEIRS):
(a). BALBIR (SON)
(b). BALWANT (SON)
(c). DALEEP SINGH (SON)
(d). JAG MOHAN SINGH (SON)
.
(e). ASHA DEVI (DAUGHTER)
(f). MANTI DEVI (DAUGHTER)
(g). KOSHALYA (WIFE)
(h). MANTI DEVI (MOTHER)
ALL RESIDENT OF VILLAGE
PATWAR CIRCLE KOTLA MOLAR,
TEHSIL DADAHU, DISTRICT
SIRMOUR, H.P.
2.
SMT.KAUSHALYA W/O SHRI
PARTAP SINGH, D/O SHRI JEET
SINGH
RESIDENT OF JAINCHA MAJHAI
SUB TEHSIL DADAHU, DISTRICT
SIRMAUR, H.P.
...RESPONDENTS/PETITIONERS.
(BY SH.PAWAN KUMAR SHARMA,
ADVOCATE FOR RESPONDENTS
NO.1(a), 1(b), 1(d) TO 1(h))
3. STATE OF HIMACHAL PRADESH
THROUGH THE DISTRICT COLLECTOR,
SIRMAUR AT NAHAN, H.P.
...PROFORMA RESPONDENT
(BY SH.SUDHIR BHATNAGAR,
ADDITIONAL ADVOCATE GENERAL
WITH SH.NARENDER THAKUR &
SH.KAMAL SHARMA, DEPUTY
ADVOCATE GENERALS.)
20. RFA 121 OF 2019
1. RENUKA JI DAM PROJECT,
HPPCL,
.
THROUGH ITS MD/DGM,
C/O HPPCL,
SUB TEHSIL DADAHU,
DISTRICT SIRMAUR, H.P.
2. THE LAND ACQUISITION COLLECTOR,
HPPCL,
UTTAM BHAWAN,
SHIMLA-4, H.P.
......APPELLANTS
(BY SH.VIKAS MISHRA, ADVOCATE)
AND r
1. SHRI SOHAN SINGH
SON OF SHRI MATA RAM
2. SHRI RAMESH
S/O SHRI SOHAN SINGH
3. SHRI MADAN SINGH
S/O SHRI SOHAN SINGH
4. SHRI OM PARKASH
S/O SHRI SOHAN SINGH
ALL RESIDENTS OF
JAINCHA MAJHAI,
SUB-TEHSIL DADAHU,
DISTRICT SIRMOUR, HP.
...RESPONDENTS/PETITIONERS.
(BY SH.P.S. KANWAR, ADVOCATE)
5. STATE OF HIMACHAL PRADESH
THROUGH THE DISTRICT COLLECTOR,
SIRMAUR AT NAHAN, H.P.
...PROFORMA RESPONDENT
(BY SH.SUDHIR BHATNAGAR,
ADDITIONAL ADVOCATE GENERAL
WITH SH.NARENDER THAKUR &
SH.KAMAL SHARMA, DEPUTY
ADVOCATE GENERALS.)
.
21. RFA NO.122 OF 2019
1. RENUKA JI DAM PROJECT,
THROUGH ITS MD/DGM,
C/O HPPCL,
SUB TEHSIL DADAHU,
DISTRICT SIRMAUR, H.P.
2. THE LAND ACQUISITION COLLECTOR,
HPPCL,
UTTAM BHAWAN,
SHIMLA-4, H.P.
......APPELLANTS
(BY SH.VIKAS MISHRA, ADVOCATE)
AND
1. SHRI BUDH RAM
(SINCE DECEASED THROUGH
HIS LEGAL HEIRS)
(a). DHANVEER (SON)
(b). SMT.KANTA (DAUGHTER)
(c). SMT.JAYMANTI (DAUGHTER)
(d). SMT.CHIDI ALIAS SUNITA DEVI
(DAUGHTER)
2. SHRI LIAK RAM
3. SHRI ROOP SINGH
4. SHRI RATTI RAM
(SINCE DECEASED THROUGH HIS
LEGAL HEIRS)
(a) KIRAN DEVI (DAUGHTER)
(b) MANGI DEVI (WIDOW)
5. SMT.SHAVNI
.
ALL SONS & DAUGHTERS OF
SHRI MATA RAM
ALL RESIDENTS OF
JAINCHA MAJHAI
SUB TEHSIL DADAHU,
DISTRICT SIRMAUR, H.P.
...RESPONDENTS/PETITIONERS.
(BY SH.P.S. KANWAR, ADVOCATE
FOR RESPONDENTS NO.2, 3, 4(a), 4(b), & 5)
6. STATE OF HIMACHAL PRADESH
THROUGH THE DISTRICT COLLECTOR,
SIRMAUR AT NAHAN, H.P.
...PROFORMA RESPONDENT
(BY SH.SUDHIR BHATNAGAR,
ADDITIONAL ADVOCATE GENERAL
WITH SH.NARENDER THAKUR &
SH.KAMAL SHARMA, DEPUTY
ADVOCATE GENERALS.)
22. RFA 165 of 2019
1. THE RENUKAJI DAM PROJECT
THROUGH ITS MD/DGM C/O HPPCL,
SUB TEH.DADAHU
DISTRICT SIRMAUR, H.P.
2. THE LAND ACQUISITION COLLECTOR,
HPPCL,
UTTAM BHAWAN,
SHIMLA-4,
H.P.
(BY SH.VIKAS MISHRA, ADVOCATE)
...APPELLANTS
AND
1. SOHAN SINGH
SON OF SHRI MATTU RAM
AGE ABOUT 56 YEARS
.
2. DEEP RAM,
SON OF SHRI MATTU RAM
AGE ABOUT 60 YEARS
3. MADAN SINGH
SON OF SHRI SOHAN SINGH
AGED ABOUT 30 YEARS
4. RAMESH
SON OF SHRI SOHAN SINGH,
AGE ABOUT 40 YEARS
5. OM PRAKASH
SON OF SHRI SOHAN SINGH,
AGE ABOUT 27 YEARS
6. THONA RAM
AGE ABOUT 38 YEARS
7. JAI RAM
AGE ABOUT 39 YEARS
8. BHAGAT RAM
AGE ABOUT 49 YEARS
9. JGU RAM
AGE ABOUT 47 YEARS
10. KHEM SINGH
AGE ABOUT 43 YEARS
11. VINDER SINGH
AGE ABOUT 29 YEARS
12. SMT.SUSHMA DEVI
AGE ABOUT 27 YEARS
13. SMT.SANTOSH DEVI
AGE ABOUT 25 YEARS
(7 TO 14 ALL SONS AND
DAUGHTERS OF SOHAN SINGH
SON OF NINDRU)
14. SMT.MANGI DEVI
WIDOW OF SOHAN SINGH
AGE ABOUT 60 YEARS
15. SMT.KIRAN DEVI
DAUGHTER OF JIA RAM
.
AGE ABOUT 24 YEARS
16. PRATAP SINGH
(SINCE DECEASED THROUGH HIS
LRS)
(a) BALBIR (SON)
AGE 22 YEARS
(b) BALWANT (SON)
AGE 19 YEARS
(c) DALEEP SINGH (SON)
AGE 16 YEARS
(d) JAGMOHAN (SON)
AGE 14 YEARS
(RESPONDENT NO.17(c) AND 17(d)
BEING MINOR SUED THROUGH
THEIR MOTHER KOSHALYA
PROPOSED RESPONDENT
NO.17(g)
(e) ASHA DEVI (DAUGHTER)
AGE 26 YEARS
(f) MANTI DEVI (DAUGHTER)
AGE 24 YEARS
(g) KOSHALYA (WIFE)
AGE 48 YEARS
(h) MANTI DEVI (MOTHER)
80 YEARS
ALL RESIDENTS OF
VILLAGE JAINCHA-MAJHAI,
SUB TEHSIL DADAHU,
DISTRICT SIRMOUR, H.P.
17. KAUSHLYA DEVI
WIFE OF PRATAP SINGH
AGED ABOUT 40 YEARS
(SINCE DECEASED THROUGH
HER LRS)
(a) BALBIR (SON)
AGE 22 YEARS
.
(b) BALWANT (SON)
AGE 19 YEARS
(c) DALEEP SINGH (SON)
AGE 16 YEARS
(d) JAGMOHAN (SON)
AGE 14 YEARS
(RESPONDENT NO.17(c) AND 17(d)
BEING MINOR SUED THROUGH
THEIR MOTHER KOSHALYA
PROPOSED RESPONDENT
NO.17(g)
(e)
ASHA DEVI (DAUGHTER)
AGE 26 YEARS
(f) MANTI DEVI (DAUGHTER)
AGE 24 YEARS
(g) KOSHALYA (WIFE)
AGE 48 YEARS
(h) MANTI DEVI (MOTHER)
80 YEARS
(MINOR RESPONDENT NO.17(c)
AND 17(d) THROUGH THEIR
MOTHER KOSHALYA PROPOSED
RESPONDENT NO.17(g)
ALL RESIDENTS OF
VILLAGE JAINCHA-MAJHAI,
SUB TEHSIL DADAHU,
DISTRICT SIRMOUR, H.P.
18. RAMESH
SON OF AMAR SINGH
AGE ABOUT 40 YEARS
19. CHAMAN LAL
SON OF AMAR SINGH
AGE ABOUT 30 YEARS
20. SMT.TULAMANTI
WIFE OF AMAR SINGH
AGE ABOUT 53 YEARS
ALL RESIDENTS OF
VILLAGE JAINCHA-MAJHAI,
SUB TEHSIL DADAHU,
DISTRICT SIRMOUR, H.P.
.
...RESPONDENTS
(BY SHRI VIRENDER KUMAR SHARMA, ADVOCATE)
21. STATE OF HIMACHAL PRADESH
THROUGH THE DISTRICT COLLECTOR,
SIRMAUR AT NAHAN, H.P.
...PROFORMA RESPONDENT
(BY SH.SUDHIR BHATNAGAR,
ADDITIONAL ADVOCATE GENERAL
WITH SH.NARENDER THAKUR &
SH.KAMAL SHARMA, DEPUTY
ADVOCATE GENERALS.)
23. RFA NO.240 OF 2018
1. RENUKA JI DAM PROJECT,
THROUGH ITS MD/DGM C/O HPPCL,
SUB TEH.DADAHU
DISTRICT SIRMAUR, H.P.
2. THE LAND ACQUISITION COLLECTOR,
HPPCL,
UTTAM BHAWAN,
SHIMLA-4, H.P.
(BY SH.VIKAS MISHRA, ADVOCATE)
3. THE STATE OF HIMACHAL PRADESH
THROUGH THE DISTRICT COLLECTOR,
SIRMAUR AT NAHAN, H.P.
...APPELLANTS
(BY SH.SUDHIR BHATNAGAR,
ADDITIONAL ADVOCATE GENERAL
WITH SH.NARENDER THAKUR &
SH.KAMAL SHARMA, DEPUTY
ADVOCATE GENERALS.)
AND
1. BABU RAM
AGE ABOUT 44 YEARS
.
2. BALBIR
AGE ABOUT 50 YEARS
BOTH SONS OF RAM DUTT
3. SMT.SATYA DEVI
DAUGHTER OF MATU RAM
AGE ABOUT 42 YEARS
4. SADANAND
SON OF MATU RAM
AGE ABOUT 30 YEARS
5. SURMI DEVI
WIFE OF RAM DUTT
AGE ABOUT 62 YEARS
6. PANNO DEVI
WIFE OF JHANDU RAM
AGE ABOUT 60 YEARS
ALL RESIDENT OF
VILLAGE JAINCHA-MAJHAI,
SUB TEHSIL DADAHU,
DISTRICT SIRMOUR, H.P.
...RESPONDENTS
(BY SHRI P.S. KANWAR, ADVOCATE
FOR RESPONDENTS NO.1 TO 4)
(RESPONDENTS NO.5 & 6 EX-PARTE)
24. RFA NO.241 OF 2018
1. RENUKA JI DAM PROJECT,
THROUGH ITS MD/DGM C/O HPPCL,
SUB TEH.DADAHU
DISTRICT SIRMAUR, H.P.
2. THE LAND ACQUISITION COLLECTOR,
HPPCL,
UTTAM BHAWAN,
SHIMLA-4, H.P.
(BY SH.VIKAS MISHRA, ADVOCATE)
3. THE STATE OF HIMACHAL PRADESH
THROUGH THE DISTRICT COLLECTOR,
.
SIRMAUR AT NAHAN, H.P.
...APPELLANTS
(BY SH.SUDHIR BHATNAGAR,
ADDITIONAL ADVOCATE GENERAL
WITH SH.NARENDER THAKUR &
SH.KAMAL SHARMA, DEPUTY
ADVOCATE GENERALS.)
AND
1. KEWAL RAM
AGE ABOUT 56 YEARS
2. RANJIT SINGH
AGE ABOUT 48 YEARS
3. SMT.SUMITRA DEVI
AGE ABOUT 60 YEARS
4. SMT.SEWTA DEVI
AGE ABOUT 59 YEARS
5. SMT.PHOOLMA DEVI
AGE ABOUT 57 YEARS
6. SMT.REKHA DEVI
AGE ABOUT 41 YEARS
ALL SONS AND DAUGHTERS OF MANU
ALIAS MAN SINGH
7. SMT.BUDHO DEVI
AGE ABOUT 75 YEARS
WIDOW OF MANU ALIAS MAN SINGH
ALL RESIDENT OF
VILLAGE JAINCHA-MAJHAI,
SUB TEHSIL DADAHU,
DISTRICT SIRMOUR, H.P.
...RESPONDENTS
(BY SHRI P.S. KANWAR, ADVOCATE)
25. RFA NO.244 OF 2018
1. RENUKA JI DAM PROJECT,
THROUGH ITS MD/DGM C/O HPPCL,
SUB TEH.DADAHU
DISTRICT SIRMAUR, H.P.
.
2. THE LAND ACQUISITION COLLECTOR,
HPPCL,
UTTAM BHAWAN,
SHIMLA-4, H.P.
(BY SH.VIKAS MISHRA, ADVOCATE)
3. THE STATE OF HIMACHAL PRADESH
THROUGH THE DISTRICT COLLECTOR,
SIRMAUR AT NAHAN, H.P.
...APPELLANTS
(BY SH.SUDHIR BHATNAGAR,
ADDITIONAL ADVOCATE GENERAL
WITH SH.NARENDER THAKUR &
SH.KAMAL SHARMA, DEPUTY
ADVOCATE GENERALS.)
AND
1. MEEN SINGH
AGE ABOUT 58 YEARS
2. PREM SINGH
AGE ABOUT 48 YEARS
3. RANDEV SINGH
AGE ABOUT 48 YEARS
4. PRATAP SINGH
AGE ABOUT 60 YEARS
5. SMT.ASHA DEVI
AGE ABOUT 50 YEARS
6. SMT.SALOCHNA DEVI
(SINCE DECEASED THROUGH
LEGAL HEIRS SH.BHUPENDER SINGH
SON OF RANDEEP SINGH,
AGE ABOUT 20 YEARS)
(1 TO 5 ALL SONS AND DAUTHERS OF DEVAN SINGH)
7. SMT.BUDHO DEVI
AGE ABOUT 80 YEARS
WIDOW OF DEVAN SINGH
ALL RESIDENT OF
VILLAGE JAINCHA-MAJHAI,
SUB TEHSIL DADAHU,
.
DISTRICT SIRMOUR, H.P.
8. SH.AMAR SINGH
SON OF VIJAY SINGH
9. SH.GURDYAL SINGH
VIJAY SINGH
10. SMT.GEETA DEVI
DAUGHTER OF SH.VIJAY SINGH
11. SMT.PINGLA DEVI
DAUGHTER OF SH.VIJAY SINGH
12. SARITA DEVI
DAUGHTER OF SH.VIJAY SINGH
13. SH.PRADEEP
SON OF LATE SH.YASHWANT SINGH
14. SH.BUNTI
SON OF LATE SURENDER SINGH
15. SMT.NARDA DEVI
WIDOW OF LATE DAYA RAM
16. SH.KULDEEP SINGH
SON OF LATE DAYA RAM
17. SH.VINOD SON OF LATE DAYA RAM
ALL RESIDENTS OF
VILLAGE AND POST OFFICE
GANDHURI, TEHSIL NOHRADHAR
DISTRICT SIRMAUR, H.P.
18. MISS AMBIKA
DAUGHTER OF LATE SMT.SUMAN LATA
SINCE MINOR, THROUGH HER FATHER
CUM NATURAL GUARDIAN, SH.VISHAL,
RESIDENT OF VPO DEVRIGHAT,
TEHSIL JUBBAL, DISTRICT SHIMLA, H.P.
19. SMT.SAROJ BALA
DAUGHGTER OF LATE DAYA RAM
20. SH.LIAQ RAM
SON OF LATE VIJAY SINGH
21. SH.RANDEV SINGH
SON OF LATE VIJAY SINGH
.
ALL RESIDENTS OF VPO GANDHURI,
TEHSIL NOHRADHAR,
DISTRICT SIRMAUR, H.P.
...RESPONDENTS
(BY SHRI P.S. KANWAR, ADVOCATE,
FOR RESPONDENTS NO.1 TO 7)
26. RFA 287 OF 2018.
1. RENUKA JI DAM PROJECT,
THROUGH ITS MD/DGM C/O HPPCL,
SUB TEH.DADAHU
DISTRICT SIRMAUR, H.P.
2. THE LAND ACQUISITION COLLECTOR,
HPPCL,
UTTAM BHAWAN,
SHIMLA-4,
H.P.
(BY SH.VIKAS MISHRA, ADVOCATE)
3. THE STATE OF HIMACHAL PRADESH
THROUGH THE DISTRICT COLLECTOR,
SIRMAUR AT NAHAN, H.P.
...APPELLANTS
(BY SH.SUDHIR BHATNAGAR,
ADDITIONAL ADVOCATE GENERAL
WITH SH.NARENDER THAKUR &
SH.KAMAL SHARMA, DEPUTY
ADVOCATE GENERALS.)
AND
ADARSH SOOD, AGE ABOUT 49 YEARS,
WIFE OF AJAY KUMAR
SON OF KRISHAN KUMAR,
RESIDENT OF VILLAGE JAINCHA-MAJHAI,
SUB TEHSIL DADAHU,
DISTRICT SIRMOUR, H.P.
...RESPONDENT
(BY S/SHRI P.S. KANWAR &
ANIRUDH SHARMA, ADVOCATES)
27. RFA NO.288 OF 2018
.
1. THE RENUKA JI DAM PROJECT,
THROUGH ITS MD/DGM
C/O HPPCL,
SUB TEHSIL DADAHU,
DISTRICT SIRMAUR, H.P.
2. THE LAND ACQUISITION COLLECTOR,
HPPCL,
UTTAM BHAWAN,
SHIMLA-4, H.P.
r ......APPELLANTS
(BY SH.VIKAS MISHRA, ADVOCATE)
3. THE STATE OF HIMACHAL PRADESH
THROUGH THE DISTRICT COLLECTOR,
SIRMAUR AT NAHAN, H.P.
(BY SH.SUDHIR BHATNAGAR,
ADDITIONAL ADVOCATE GENERAL
WITH SH.NARENDER THAKUR &
SH.KAMAL SHARMA, DEPUTY
ADVOCATE GENERALS.)
AND
1. DINESH KUMAR
AGE ABOUT 58 YEARS
2. RAKESH KUMAR
AGE ABOUT 56 YEARS
3. SH.AKASH GUPTA
SON OF SHRI RAKESH KUMAR
AGE ABOUT 30 YEARS
4. SMT.RAKSHA DEVI
AGE ABOUT 50 YEARS
5. SMT.SUDESH KUMARI
AGE ABOUT 48 YEARS
6. SMT.REKHA DEVI
AGE ABOUT 45 YEARS
(ALL SONS AND DAUGHTERS OF
SOM PRAKASH)
.
THROUGH THEIR GPA/LEGAL
HEIR PETITIONER NO.1)
ALL RESIDENTS OF VILLAGE
JAINCHA-MAJHAI,
SUB TEHSIL DADAHU,
DISTRICT SIRMOUR, H.P.
...RESPONDENTS/PETITIONERS.
(BY SH.P.S. KANWAR, ADVOCATE
&
(BY PAWAN KUMAR SHARMA, ADVOCATE
FOR RESPONDENTS NO.4 TO 6)
28. RFA 289 OF 2018
1. RENUKA JI DAM PROJECT,
THROUGH ITS MD/DGM C/O HPPCL,
SUB TEH.DADAHU
DISTRICT SIRMAUR, H.P.
2. THE LAND ACQUISITION COLLECTOR,
HPPCL,
UTTAM BHAWAN,
SHIMLA-4,
H.P.
(BY SH.VIKAS MISHRA, ADVOCATE)
3. THE STATE OF HIMACHAL PRADESH
THROUGH THE DISTRICT COLLECTOR,
SIRMAUR AT NAHAN, H.P.
...APPELLANTS
(BY SH.SUDHIR BHATNAGAR,
ADDITIONAL ADVOCATE GENERAL
WITH SH.NARENDER THAKUR &
SH.KAMAL SHARMA, DEPUTY
ADVOCATE GENERALS.)
AND
.
1. AMAR SINGH,
AGE 59 YEARS
2. GURDYAL SINGH,
AGE ABOUT 57 YEARS
3. LAYAK RAM,
AGED ABOUT 65 YEARS
4. RANDEEV SINGH
AGE ABOUT 53 YEARS
5. SMT.GEETA DEVI
AGE ABOUT 55 YEARS
6. SMT.PINGLA DEVI,
AGE ABOUT 53 YEARS
7. SMT.SARITA DEVI,
AGE ABOUT 44 YEARS
(ALL SONS & DAUGHTERS OF
VIJAY SINGH)
ALL RESIDENTS OF VILLAGE
JAINCHA-MAJHAI,
SUB TEHSIL DADAHU,
DISTRICT SIRMOUR, H.P.
...RESPONDENTS
(BY SHRI ANIRUDH SHARMA ADVOCATE)
29. RFA 290 OF 2018
1. RENUKA JI DAM PROJECT,
THROUGH ITS MD/DGM C/O HPPCL,
SUB TEH.DADAHU
DISTRICT SIRMAUR, H.P.
2. THE LAND ACQUISITION COLLECTOR,
HPPCL,
UTTAM BHAWAN,
SHIMLA-4,
H.P.
(BY SH.VIKAS MISHRA, ADVOCATE)
.
3. THE STATE OF HIMACHAL PRADESH
THROUGH THE DISTRICT COLLECTOR,
SIRMAUR AT NAHAN, H.P.
...APPELLANTS
(BY SH.SUDHIR BHATNAGAR,
ADDITIONAL ADVOCATE GENERAL
WITH SH.NARENDER THAKUR &
SH.KAMAL SHARMA, DEPUTY
ADVOCATE GENERALS.)
AND
1.
OM PARKASH,
AGE ABOUT 30 YEARS
2. DHARAM PARKASH,
AGE ABOUT 27 YEARS
3. SMT.KANTA DEVI
AGED ABOUT 42 YEARS
4. SMT.AMRA DEVI,
AGE ABOUT 36 YEARS
5. SMT.KRISHNA DEVI
AGE ABOUT 33 YEARS
6. SMT.SUNITA DEVI,
AGE ABOUT 32 YEARS
(ALL SONS & DAUGHTERS OF
GANGA RAM)
7. SMT.GEETA DEVI
AGE 75 YEARS
WIDOW OF GANGA RAM
8. LAXMI SINGH
SON OF SADHU RAM
AGED ABOUT 80 YEARS
(SINCE DECEASED THROUGH
LRS)
(a) RAM SINGH (SON)
AGE 51 YEARS
ALL RESIDENTS OF VILLAGE
JAINCHA-MAJHAI,
.
SUB TEHSIL DADAHU,
DISTRICT SIRMOUR, H.P.
...RESPONDENTS
(BY S/SHRI P.S. KANWAR &
ANIRUDH SHARMA, ADVOCATE)
30. RFA 403 OF 2018
1. THE LAND ACQUISITION COLLECTOR,
HPPCL,
UTTAM BHAWAN,
SHIMLA-4, H.P.
2. RENUKA JI DAM PROJECT,
THROUGH ITS MD/DGM C/O HPPCL,
SUB TEH.DADAHU
DISTRICT SIRMAUR, H.P.
..APPELALNTS
(BY SH.VIKAS MISHRA, ADVOCATE)
AND
1. PIYUSH PARMAR
SON OF LATE SHRI SUKHDEV
SINGH, RESIDENT OF VILLAGE
LANA MACHER, TEHSIL
PACHHAD, DISTRICT SIRMAUR,
H.P.
AGE ABOUT 48 YEARS.
...RESPONDENT
(BY SHRI ANIRUDH SHARMA, ADVOCATE)
2. THE STATE OF HIMACHAL PRADESH
THROUGH THE DISTRICT COLLECTOR,
SIRMAUR AT NAHAN, H.P.
...PROFORMA RESPONDENT
(BY SH.SUDHIR BHATNAGAR,
ADDITIONAL ADVOCATE GENERAL
WITH SH.NARENDER THAKUR &
SH.KAMAL SHARMA, DEPUTY
ADVOCATE GENERALS.)
.
Whether approved for reporting ?
This appeal coming on for orders this day, the Court passed the
following:
JUDGMENT
Since all the above captioned appeals are directed
against the award(s) dated 05.11.2018, passed, in Reference
Petition No.2-LAC/4 of 2016 alongwith other connected matters,
dated 30.11.2018, in Reference Petition No.77-LAC/4 of 2015
alongwith other connected matters and dated 07.05.2018 in
Reference Petition No.64-LAC/4 of 2015 alongwith other
connected matters, by learned District Judge, Sirmaur District
at Nahan, the same are being taken up together for
adjudication with the consent of learned counsel representing
the parties.
2. By way of aforesaid appeals filed under Section 54
of the Land Acquisition Act, 1894 (hereinafter referred to as the
Act), challenge has been laid to award(s) dated 05.11.2018,
30.11.2018 and 07.05.2018 passed by learned District Judge,
Sirmaur District at Nahan, in various Land Reference petitions
as described in the award(s).
3. Undisputedly, the suit land belonging to
claimant(s), situate in Mohal Jaincha Majhal, Sub Tehsil
Dadahu, District Sirnmaur, H.P., as detailed in the award(s),
.
came to be acquired for public purpose; namely; construction
of "Renuka Ji Dam and its submergence area" and acquisition
proceedings commenced with the issuance of Notifications
under Section 4 of the Act on 24.07.2009 and 20.11.2008
respectively. The Land Acquisition Collector (for short 'LAC')
passed common award(s) Nos.703 & 704, dated 01.10.2012
and awarded compensation of the acquired land as per the
classification and nature of the land mentioned in the award(s).
4. 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, Sirmaur District at Nahan, seeking therein
enhancement of compensation, awarded by the Land
Acquisition Collector. Learned District Judge vide impugned
award(s) dated 05.11.2018, 30.11.2018 and 07.05.2018, re-
determined the market value of the acquired land and
enhanced the same at the rate of Rs.7,00,000/- per bigha
irrespective of nature and classification of land alongwith all
statutory benefits as mentioned in the award(s).
5. The appellants being aggrieved and dis-satisfied
with the aforesaid award(s) passed by the learned District
Judge, Sirmaur District at Nahan, have approached this Court
by way of above captioned appeals, seeking therein to reduce
the award(s) passed by the learned District Judge, Sirmaur at
.
Nahan.
6. It is not in dispute before this Court that similar
situate claimants, whose land also came to be acquired for
construction of "Renuka Ji Dam and its submergence area" in
the acquisition proceedings commenced with the publication of
Notification issued under Section 4 of the Act, had filed land
reference petitions before the learned District Judge, Sirmaur
District at Nahan, praying therein to enhance the
compensation awarded by 'LAC' in its awards No.703 & 704,
dated 01.10.2012. Those reference petitions were clubbed and
disposed of by common award(s) passed in Reference Petition
No.2-LAC/4 of 2016, dated 05.11.2018, alongwith other
connected matters, Reference Petition No.77-LAC/4 of 2015,
dated 30.11.2018, alongwith other connected matters and
Reference Petition No.64-LAC/4 of 2015, dated 07.05.2018,
alongwith other connected matters, 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.7,00,000/- per bigha.
7. Being aggrieved and dissatisfied with the aforesaid
award passed by learned District Judge, Sirmaur District at
Nahan, the respondents in the aforesaid reference petitions,
filed different appeals, which came to be disposed of by a Co-
ordinate Bench of this Court vide judgment dated 09.12.2019
.
passed in RFA No.171 of 2016, titled as: LAC, HPPCL &
Anr. vs. Kamal Dev & Ors., (for short "Kamal Dev's case")
by holding that Reference Court has rightly determined the
enhanced market value of land at the rate of Rs.7,00,000/- per
bigha, irrespective of nature and classification of land in its
award(s) dated 05.11.2018, 30.11.2018 and 07.05.2018
respectively. r
8. S/Shri Shashi Shirshoo and Vikas Mishra, learned
counsel, representing the appellants in respective appeals,
while fairly acknowledging the factum with regard to passing of
judgment dated 09.12.2019 in "Kamal Dev's case" (supra),
conceded that claimants-respondents in the case(s) at hand are
also entitled for compensation at the rate of Rs.7,00,000/- per
bigha irrespective of nature and classification of land as per the
said judgment. S/Shri Pawan Kumar Sharma and P.S.
Kanwar learned counsel representing the claimants-
respondents in respective cases, also acceded to the market
value of the land determined in "Kamal Dev's case" (supra).
9. Consequently, in view of detailed discussion made
hereinabove as well as fair stand adopted by S/Shri Shashi
Shirshoo and Vikas Mishra, learned counsel representing the
appellants, present appeals are dismissed and it is ordered
that directions contained in "Kamal Dev's case" (supra), shall
mutatis mutandis apply to the present cases also.
.
10. Appellants 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.
11. Interim order, if any, is vacated. All the
miscellaneous applications are disposed of.
October 4, 2021
(aks)
r to (Sandeep Sharma)
Judge
