Between vs Sh. Surender Singh And Others
2021 Latest Caselaw 5113 HP

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

ON THE 29th DAY OF OCTOBER, 2021

.

BEFORE

HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN

REGULAR FIRST APPEAL Nos.313 to 324 of 2018, 69 to 75 of 2021.

REGULAR FIRST APPEAL No. 313 of 2018

1. Between:-

RENUKA JI DAM PROJECT

THROUGH ITS MANAGING DIRECTOR/ DGM, HPPCL SUB TEHSIL DADAHU,

DISTRICT SIRMOUR, H.P.

2. LAND ACQUISITION COLLECTOR HPPCL, UTTAM BHAWAN,

SHIMLA-4, H.P.

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

AT NAHAN, H.P.

......APPELLANTS/ RESPONDENTS.

(BY SH.SHASHI SHIRSHOO, ADVOCATE)

AND

1. JIWAN SINGH, S/O SH. DUNDIA

2. BABU RAM S/O SH. DUNDIA

BOTH RESIDENTS OF MAUZA PANNAR, POST OFFICE DADAHU, SUB-TEHSIL, DADAHU, DISTRICT SIRMAUR,HP.

......RESPONDENTS/ PETITIONERS

(SH. PAWAN KUMAR SHARMA AND SH.M.P. KANWAR, ADVOCATES, FOR RESPONDENTS-1 & 2)

.

REGULAR FIRST APPEAL No. 314 of 2018

Between:-

1. RENUKA JI DAM PROJECT THROUGH ITS MANAGING DIRECTOR/ DGM, HPPCL SUB TEHSIL DADAHU, DISTRICT SIRMOUR, H.P.

2. LAND ACQUISITION COLLECTOR HPPCL, UTTAM BHAWAN, SHIMLA-4, H.P.

......APPELLANTS/ r RESPONDENTS.

(BY SH.SHASHI SHIRSHOO, ADVOCATE)

AND

1. PURAN CHAND S/O LATE SH. JALAM SINGH

2. SMT. PALIKA DEVI D/O LATE SH. JALAM SINGH

3. SMT. MONTI DEVI, D/O SH. JALAM SINGH

4. SMT. NOMI DEVI, D/O SH. JALAM SINGH.

ALL RESIDENTS OF MAUZA PANNAR, SUB TEHSIL DADAHU, TEHSIL RENUKA JI,

DISTRICT SIRMAUR, HP.

......RESPONDENTS.

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

....PROFORMA RESPONDENT.

(SH. PAWAN KUMAR SHARMA AND SH.M.P. KANWAR, ADVOCATES, FOR RESPONDENT- 1 TO 4)

(SH. ASHOK SHARMA, ADVOCATE GENERAL WITH SH. SHIV PAL MANHANS

AND SH. ASHWANI SHARMA, ADDITIONAL ADVOCATE GENERALS, FOR RESPONDENT-5)

.

REGULAR FIRST APPEAL No. 315 of 2018

Between:-

1. RENUKA JI DAM PROJECT THROUGH ITS MANAGING DIRECTOR/DGM, HPPCL, SUB TEHSIL DADAHU, DISTRICT SIRMOUR, H.P.

2. LAND ACQUISITION COLLECTOR, HPPCL, UTTAM BHAWAN, SHIMLA-4, H.P.

r ......APPELLANTS.

(BY SH. SHASHI SHIRSHOO, ADVOCATE)

AND

1. BALWANT SINGH SON OF SHRI MANGA RAM.

2. BALI RAM SON OF SHRI MANGA RAM.

3. RAM SINGH SON OF SHRI MANGA RAM.

4. RAJINDER SINGH SON OF SHRI RAM SINGH.

5. SMT. LUXMI DAUGHTER OF SHRI MANGA RAM.

6. SMT. DEEPO DEVI DAUGHTER OF

SHRI MANGA RAM (DECEASED) THROUGH HER LEGAL HEIRS:-

6(i) NETAR SINGH SON OF LATE SMT. DEEPO DEVI, DAUGHTER OF SHRI MANGA RAM.

6(ii) INDRA DEVI DAUGHTER OF SMT. DEEPO DEVI. 6(iii) MATHURA DEVI DAUGHTER OF LATE SMT. DEEPO DEVI.

6(iv) SHYAMA DEVI DAUGHTER OF LATE SMT. DEEPO DEVI.

6(v) RADHA DEVI DAUGHTER OF LATE SMT. DEEPO DEVI.

6(vi) RAMESHWAR SON OF LATE SMT. DEEPO DEVI.

6(vii)ROSHAN LAL SON OF LATE SMT. DEEPO DEVI.

7. SMT. SUKMA DEVI WIDOW OF SHRI MANGA RAM.

.

8. SMT. DAYA DEVI WIFE OF SHRI MANGA RAM

(DECEASED) THROUGH HER LEGAL HEIRS:

8(I) SHRI OM PARKASH SON OF SMT. DAYA DEVI.

8(II) SHRI DEEP RAM SON OF SMT. DAYA DEVI.

8(III) SHRI DEVINDER SINGH SON OF SMT. DAYA DEVI.

ALL RESIDENTS OF VILLAGE DEED BAGAD,

MAUZA PANNAR, SUB TEHSIL DADAHU, TEHSIL RENUKA JI, DISTRICT SIRMAUR, H.P.

......RESPONDENTS.

9. STATE OF HIMACHAL PRADESH THROUGH

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

......PROFORMA

RESPONDENTS.

(SH. PAWAN KUMAR SHARMA AND SH.M.P. KANWAR, ADVOCATES,

FOR RESPONDENTS- 1 TO 5, 7, 8 (I) TO (III) ).

(SH. ASHOK SHARMA, ADVOCATE GENERAL WITH SH. SHIV PAL MANHANS AND SH. ASHWANI SHARMA, ADDITIONAL

ADVOCATE GENERALS, FOR RESPONDENT-9)

REGULAR FIRST APPEAL No.316 of 2018.

Between:-

1. RENUKA JI DAM PROJECT THROUGH ITS MANAGING DIRECTOR/ DGM, HPPCL SUB TEHSIL DADAHU, DISTRICT SIRMOUR, H.P.

2. LAND ACQUISITION COLLECTOR

HPPCL, UTTAM BHAWAN, SHIMLA-4, H.P.

......APPELLANTS.

.

(BY SH.SHASHI SHIRSHOO, ADVOCATE)

AND

1. SHER SINGH, S/O SH. ATMA RAM (DECEASED)

1(i) DEVINDER SON OF LATE SHRI SHER SINGH.

1(ii) SMT. SITA DEVI DAUGHTER OF LATE

SHRI SHER SINGH.

1(iii) SMT. HAR DEVI DAUGHTER OF LATE SHRI SHER SINGH.

2. VED PARKASH SON OF SHRI ATMA RAM.

3. SMT. DURA DEVI DAUGHTER OF SHRI ATMA RAM.

4. SMT. SUKH DEVI DAUGHTER OF SHRI ATMA RAM.

5. SMT. DROPTI DAUGHTER OF

SHRI ATMA RAM.

6. SMT. PUNI DEVI DAUGHTER OF

SHRI ATMA RAM.

7. LATE SMT. GANESHO WIFE OF

SHRI TIKA RAM THROUGH LEGAL HEIRS:-

7(i) SHRI KARAN SINGH SON OF SMT. GANESHO.

7(ii) SMT. USHA DAUGHTER OF SMT. GANESHO.

ALL RESIDENTS OF MAUZA PANNAR, SUB TEHSIL DADAHU, TEHSIL RENUKA JI, DISTRICT SIRMOUR, H.P. ......RESPONDENTS.

8. THE STATE OF HIMACHAL PRADESH THROUGH

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

.

......PROFORMA RESPONDENT.

(SH. PAWAN KUMAR SHARMA AND SH. M.P. KANWAR, ADVOCATES, FOR RESPONDENTS-1(i) to (iii), 2 TO 5,

7(i) AND 7(ii))

(SH. ASHOK SHARMA, ADVOCATE GENERAL WITH SH. SHIV PAL MANHANS

AND SH. ASHWANI SHARMA, ADDITIONAL ADVOCATE GENERALS, FOR RESPONDENT-8)

REGULAR FIRST APPEAL No. 317 of 2018

Between:-

1. RENUKA JI DAM PROJECT THROUGH ITS MANAGING DIRECTOR/

DGM, HPPCL SUB TEHSIL DADAHU, DISTRICT SIRMOUR, H.P.

2. LAND ACQUISITION COLLECTOR

HPPCL, UTTAM BHAWAN, SHIMLA-4, H.P.

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

......APPELLANTS/ RESPONDENTS.

(BY SH.SHASHI SHIRSHOO, ADVOCATE)

AND

1. MAHANTI DEVI D/O SMT. NAJARO RESIDENT OF MAUZA PANNAR, POST OFFICE DADAHU, SUB TEHSIL DADAHU, TEHSIL RENUKA JI,

DISTRICT SIRMAUR, HP.

......RESPONDENT/ PETITIONER.

.

(BY SH. PAWAN KUMAR SHARMA AND SH.M.P. KANWAR, ADVOCATE)

REGULAR FIRST APPEAL No. 318 of 2018

Between:-

1. RENUKA JI DAM PROJECT THROUGH ITS MANAGING DIRECTOR/

DGM, HPPCL SUB TEHSIL DADAHU, DISTRICT SIRMOUR, H.P.

2. LAND ACQUISITION COLLECTOR

HPPCL, UTTAM BHAWAN, SHIMLA-4, H.P.

......APPELLANTS.

(BY SH.SHASHI SHIRSHOO, ADVOCATE)

AND

1. KEWAL RAM SON OF LATE SHRI LAIQ RAM, AGED 46 YEARS.

2. SH. RAJINDER SINGH SON OF LATE SH. LAIQ RAM, AGED 42 YEARS.

3. BHIM SINGH SON OF LATE SH. LAIQ RAM, AGED 38 YEARS.

4. SMT. HEMA DEVI DAUGHTER OF LATE SHRI LAIQ RAM, AGED 40 YEARS.

5. SMT. MAHIMA DEVI, DAUGHTER OF SHRI LAIQ RAM, AGED 35 YEARS.

6. SMT. SURMI DEVI, WIDOW OF LATE SHRI LAIQ RAM.

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

......RESPONDENTS.

.

7. STATE OF HIMACHAL PRADESH, THROUGH THE

DISTRICT COLLECTOR, SIRMAUR AT NAHAN, H.P.

....PROFORMA RESPONDENT.

(SH. PAWAN KUMAR SHARMA AND SH.M.P. KANWAR, ADVOCATES, FOR RESPONDENTS- 1, 3 TO 6)

(SH. ASHOK SHARMA, ADVOCATE GENERAL WITH SH. SHIP PAL MANHANS AND SH. ASHWANI SHARMA, ADDITIONAL ADVOCATE GENERALS, FOR RESPONDENT-7)

REGULAR FIRST APPEAL No. 319 of 2018

Between:-

1. RENUKA JI DAM PROJECT

THROUGH ITS MANAGING DIRECTOR/ DGM, HPPCL SUB TEHSIL DADAHU, DISTRICT SIRMOUR, H.P.

2. LAND ACQUISITION COLLECTOR HPPCL, UTTAM BHAWAN, SHIMLA-4, H.P.

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

AT NAHAN, H.P.

......APPELLANTS/ RESPONDENTS.

(BY SH.SHASHI SHIRSHOO, ADVOCATE)

AND

1. AMAR SINGH S/O SH. BAHADUR SINGH

2. SMT. MANGI DEVI WIDOW OF LATE SH. KALYAN SINGH

3. SMT. CHAMELI DEVI WIDOW OF LATE SH. KALYAN SINGH

4. SMT. JAMNA DEVI WIDOW OF LATE SH. KALYAN SINGH

.

5. SMT. KALAWATI D/O LATE SH. KALYAN SINGH

6. SMT. MANTI DEVI, D/O LATE SH. KALYAN SINGH.

7. SMT. KANTA DEVI D/O LATE SH. KALYAN SINGH

8. SMT. SATYA DEVI D/O LATE

SH. KALYAN SINGH

9. SMT. SHEELA DEVI D/O LATE SH. KALYAN SINGH

10. SMT. SURMI DEVI D/O LATE

SH. KALYAN SINGH

11. SH. RAM SINGH S/O SH. AMAR SINGH

12. LATE SMT. HARDEVI, D/O SMT. REVTI, THROUGH HER LEGAL HEIRS:

12(i) SMT. RAKSHA DEVI W/O SH. BHOOP SINGH

D/O SMT. HARDEVI

12(ii) SH. BALINDER S/O SMT. HARDEVI

12(iii) SH. RAMESH S/O SMT. HARDEVI.

ALL RESIDENTS OF MAUZA PANNAR, SUB TEHSIL DADAHU, TEHSIL RENUKA JI, DISTRICT SIRMAUR, HP.

......RESPONDENTS/ PETITIONERS

(SH. PAWAN KUMAR SHARMA AND SH.M.P. KANWAR, ADVOCATES, FOR RESPONDENTS- 1 TO 9, 11, 12(i) to 12(iii))

REGULAR FIRST APPEAL No. 320 of 2018.

Between:-

.

1. RENUKA JI DAM PROJECT THROUGH ITS MANAGING DIRECTOR/ DGM, HPPCL SUB TEHSIL DADAHU, DISTRICT SIRMOUR, H.P.

2. LAND ACQUISITION COLLECTOR HPPCL, UTTAM BHAWAN, SHIMLA-4, H.P.

......APPELLANTS.

1.

r to (BY SH.SHASHI SHIRSHOO, ADVOCATE)

AND

LATE SHRI SHADI RAM SON OF

SHRI RAKHU, THROUGH HIS LEGAL HEIR:-

(i) RAM SINGH SON OF SHRI MOHAN SINGH

AGED 28 YEARS.

2. SHRI MOHAN SINGH SON OF SHRI RAM RAKHU, AGED 29 YEARS.

3. SHRI CHANDER MANI, SON OF SHRI BAHADUR SINGH, AGED 19 YEARS.

4. SMT. HAR DEVI DAUGHTER OF SHRI BAHADUR SINGH, AGED 20 YEARS.

5. SMT. SHOBHA DEVI DAUGHTER OF SHRI BAHADUR SINGH.

6. SMT. NAGTI DEVI DAUGHTER OF SHRI BAHADUR SINGH, AGED 20 YEARS.

7. SMT. NAINA DEVI DAUGHTER OF SHRI BAHADUR SINGH, AGED 22 YEARS.

8. SMT. SADHU DAUGHTER OF SHRI KALA, AGED 24 YEARS.

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

.

......RESPONDENTS.

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

10. SHRI MUNSHI RAM SON OF SHRI MANOHAR LAL.

11. SHRI RANGI RAM SON OF SHRI MANOHAR LAL.

12. SHRI BABU RAM SON OF SHRI MANOHAR LAL.

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

......PROFORMA

RESPONDENTS.

(SH. PAWAN KUMAR SHARMA AND SH.M.P. KANWAR, ADVOCATES,

FOR RESPONDENTS-2 TO 8)

(SH. ASHOK SHARMA, ADVOCATE GENERAL WITH SH. SHIP PAL MANHANS

AND SH. ASHWANI SHARMA, ADDITIONAL ADVOCATE GENERALS, FOR RESPONDENT-9)

REGULAR FIRST APPEAL No.321 of 2018

Between:-

1. RENUKA JI DAM PROJECT THROUGH ITS MANAGING DIRECTOR/ DGM, HPPCL SUB TEHSIL DADAHU, DISTRICT SIRMOUR, H.P.

2. LAND ACQUISITION COLLECTOR HPPCL, HIMFED BUILDING, BCS, NEW SHIMLA-171009.

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

AT NAHAN, H.P.

......APPELLANTS/ RESPONDENTS.

.

(BY SH.SHASHI SHIRSHOO, ADVOCATE)

AND

1) SOHAN SINGH, S/O SH. KHERU.

2) AMAR SINGH (DECEASED), S/O SH. KHEWATA, THROUGH HIS LEGAL HEIRS:

    i)     SH. VIJAY KUMAR
    ii)    SH. RAVINDER KUMAR
    iii)   SMT. VIDYA DEVI
    iv)    SMT. DINESH KUMARI
    v)

SMT. MANGI DEVI, W/O SH. AMAR SINGH.

ALL SONS & DAUGHTERS OF SHRI AMAR SINGH, ALL RESIDENTS OF MAUZA PANNAR, SUB TEHSIL DADAHU, TEHSIL RENUKAJI, DISTRICT SIRMOUR, H.P.

......RESPONDENTS/ PETITIONERS

(SH. PAWAN KUMAR SHARMA AND SH.M.P. KANWAR, ADVOCATES, FOR RESPONDENTS NO. 1 & 2(i) TO (v) )

REGULAR FIRST APPEAL No. 322 of 2018

Between:-

1. RENUKA JI DAM PROJECT THROUGH ITS MANAGING DIRECTOR/ DGM, HPPCL SUB TEHSIL DADAHU, DISTRICT SIRMOUR, H.P.

2. LAND ACQUISITION COLLECTOR HPPCL, UTTAM BHAWAN, SHIMLA-4, H.P.

......APPELLANTS/ RESPONDENTS.

(BY SH.SHASHI SHIRSHOO, ADVOCATE)

AND

.

1. KULA NAND SON OF SHRI MOHI RAM.

2. SMT. LAKSHMI DEVI WIDOW OF SH. HARI CHAND.

3. AMAR SINGH, SON OF SHRI MATA RAM.

ALL RESIDENTS OF MAUZA PANNAR, SUB TEHSIL DADAHU, TEHSIL RENUKA JI,

DISTRICT SIRMAUR, H.P.

.....NON-

APPLICANTS/RESPONDENTS.

4. STATE OF HIMACHAL PRADESH, THROUGH

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

......NON-

APPLICANT/ PROFORMA RESPONDENT

(NONE FOR RESPONDENTS-1 TO 3)

(SH. ASHOK SHARMA, ADVOCATE GENERAL

WITH SH. SHIV PAL MANHANS AND SH. ASHWANI SHARMA, ADDITIONAL ADVOCATE GENERALS, FOR RESPONDENT-4)

REGULAR FIRST APPEAL No.323 of 2018

Between:-

1. RENUKA JI DAM PROJECT THROUGH ITS MANAGING DIRECTOR/ DGM, HPPCL SUB TEHSIL DADAHU, DISTRICT SIRMOUR, H.P.

2. LAND ACQUISITION COLLECTOR HPPCL, UTTAM BHAWAN,

SHIMLA-4, H.P.

......APPELLANTS.

.

(BY SH.SHASHI SHIRSHOO, ADVOCATE)

AND

1. JEET SINGH SON OF SHRI MATA RAM.

2. DAULAT RAM SON OF SHRI MATA RAM (DECEASED) THROUGH HIS LRS:-

2(i). RAGHUVIR SINGH SON OF LATE

SHRI DAULAT RAM.

2(ii). MAN SINGH SON OF LATE SHRI DAULAT RAM.

2(iii).SMT. POONAM DAUGHTER OF LATE

SHRI DAULAT RAM.

2(iv).SMT. MATHURA DEVI DAUGHTER OF LATE SHRI DAULAT RAM.

2(v). SMT. SUMITRA DEVI WIFE OF LATE SHRI DAULAT RAM.

3. TIKA RAM SON OF SHRI TULSI RAM.

4. PREM SINGH SON OF SHRI TULSI RAM.

5. SHRI MOHAR SINGH SON OF SHRI TULSI RAM.

6. SHRI HARI CHAND SON OF SHRI TULSI RAM.

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

......RESPONDENTS.

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

(SH. PAWAN KUMAR SHARMA AND SH.M.P. KANWAR, ADVOCATES,

FOR RESPONDENTS-1,2(i) TO 2(v), 3 TO 6)

(SH. ASHOK SHARMA, ADVOCATE GENERAL

.

WITH SH. SHIV PAL MANHANS AND

SH. ASHWANI SHARMA, ADDITIONAL ADVOCATE GENERALS, FOR RESPONDENT-7)

REGULAR FIRST APPEAL No.324 of 2018

Between:-

1. RENUKA JI DAM PROJECT THROUGH ITS MANAGING DIRECTOR/

DGM, HPPCL SUB TEHSIL DADAHU, DISTRICT SIRMOUR, H.P.

2. LAND ACQUISITION COLLECTOR

HPPCL, UTTAM BHAWAN, SHIMLA-4, H.P.

......APPELLANTS.

(BY SH.SHASHI SHIRSHOO, ADVOCATE)

AND

1. ARJUN SINGH SON OF SHRI MATU.

2. KHAJAN SINGH SON OF SHRI CHUHAR SINGH.

BOTH RESIDENTS OF MAUZA PANNAR, SUB

TEHSIL DADAHU, TEHSIL RENUKA JI, DISTRICT SIRMOUR, H.P.

3. SHRI BAHADUR SINGH (SINCE DECEASED) SON OF SHRI SHOBHA RAM, THROUGH HIS LRS:-

3(i) NARESH KUMAR SON OF LATE SHRI BAHADUR SINGH.

3(ii) SMT. BUDHI DEVI WIFE OF LATE SHRI BAHADUR SINGH.

3(iii) SMT. PADMA DEVI DAUGHTER OF LATE SHRI BAHADUR SINGH.

3(iv) SMT. SHEELA DEVI DAUGHTER OF

LATE SHRI BAHADUR SINGH.

3(v) SMT. SANTOSH DEVI, DAUGHTER OF

.

LATE SHRI BAHADUR SINGH.

3(vi) SMT. KIRAN DAUGHTER OF LATE SHRI BAHADUR SINGH.

3(vii)SMT. LAXMI DEVI DAUGHTER OF LATE SHRI BAHADUR SINGH.

3(viii) SMT. RANO DEVI DAUGHTER OF LATE SHRI BAHADUR SINGH.

r to 3(ix) SMT. SHYAMA DEVI, DAUGHTER OF LATE SHRI BAHADUR SINGH.

3(x) SMT. KAMLA DEVI DAUGHTER OF LATE SHRI BAHADUR SINGH.

All RESIDENTS OF VILLAGE AND POST OFFICE PANNAR, TEHSIL DADAHU, DISTRICT SIRMOUR, H.P.

4. JAGAT SINGH SON OF SHRI CHUHAR SINGH, RESIDENT OF MAUZA PANNAR, SUB TEHSIL DADAHU, TEHSIL RENUKA JI, DISTRICT

SIRMOUR, H.P.

......RESPONDENTS.

5. STATE OF HIMACHAL PRADESH THROUGH THE DISTRICT COLLECTOR, SIRMOUR AT

NAHAN, H.P.

.....PROFORMA RESPONDENT.

(SH. PAWAN KUMAR SHARMA AND SH.M.P. KANWAR, ADVOCATES, FOR RESPONDENTS-1,2 AND 4)

(SH. ASHOK SHARMA, ADVOCATE GENERAL WITH SH. SHIV PAL MANHANS AND SH. ASHWANI SHARMA, ADDITIONAL ADVOCATE GENERALS, FOR RESPONDENT-5)

REGULAR FIRST APPEAL No.69 of 2021.

Between:-

.

1. SH. KEWAL RAM SON OF LATE SH. LAIQ RAM.

2. SH. RAJINDER SON OF LATE

SH. LAIQ RAM.

3. SH. BHIM SINGH SON OF LATE SH. LAIQ RAM.

4. SMT. HEEMA DEVI DAUGHTER OF LATE SH. LAIQ RAM.

5. SMT. MAHIMA DEVI DAUGHTER OF

LATE SH. LAIQ RAM.

6. SMT. SURMI DEVI WIDOW OF SH. LAIQ RAM.

ALL R/O MAUZA PANNAR, SUB TEHSIL DADAHU, TEHSIL RENUKA JI, DISTRICT

SIRMOUR, H.P.

............APPELLANTS.

(BY SH. PAWAN KUMAR SHARMA AND SH.M.P. KANWAR, ADVOCATES)

AND

1. RENUKA JI DAM PROJECT

THROUGH ITS MANAGING DIRECTOR/ DGM, HPPCL SUB TEHSIL DADAHU, DISTRICT SIRMOUR, H.P.

2. LAND ACQUISITION COLLECTOR HPPCL, UTTAM BHAWAN, SHIMLA-4, H.P.

3. STATE OF HIMACHAL PRADESH, THROUGH THE DISTRICT COLLECTOR, SIRMOUR AT NAHAN, H.P.

......RESPONDENTS.

4. SH. DEEP RAM S/O LATE SH. LAIQ RAM, R/O MAUZA PANNAR, SUB TEHSIL DADAHU, TEHSIL RENUKA JI, DISTT. SIRMOUR ,H.P.

.

....PROFORMA RESPONDENT.

(SH.SHASHI SHIRSHOO, ADVOCATE,

FOR RESPONDENTS-1 AND 2)

(SH. ASHOK SHARMA, ADVOCATE GENERAL WITH SH. SHIV PAL MANHANS AND SH. ASHWANI SHARMA, ADDITIONAL

ADVOCATE GENERALS, FOR RESPONDENT-3)

REGULAR FIRST APPEAL No.70 of 2021.

Between:-

1. SH. SOHAN SINGH SON OF SH. KHERU.

2. SH. AMAR SINGH (DECEASED) SON OF SH. KHEWATA THROUGH HIS LEGAL HEIRS:-

    (i)     SH. VIJAY KUMAR
    (ii)    SH. RAVINDER KUMAR

(iii) SMT. VIDYA DEVI

(iv) SMT. DINESH KUMARI

(v) SMT. MANGI DEVI WIFE OF

SH. AMAR SINGH

ALL R/O MAUZA PANNAR, SUB TEHSIL

DADAHU, TEHSIL RENUKA JI, DISTRICT SIRMOUR, H.P.

......APPELLANTS.

(BY SH. PAWAN KUMAR SHARMA AND SH.M.P. KANWAR, ADVOCATES)

AND

1. RENUKA JI DAM PROJECT THROUGH ITS MANAGING DIRECTOR/ DGM, HPPCL SUB TEHSIL DADAHU,

DISTRICT SIRMOUR, H.P.

2. LAND ACQUISITION COLLECTOR

.

HPPCL, UTTAM BHAWAN,

SHIMLA-4, H.P.

3. STATE OF HIMACHAL PRADESH, THROUGH THE DISTRICT COLLECTOR, SIRMOUR

AT NAHAN, H.P.

......RESPONDENTS.

(SH.SHASHI SHIRSHOO, ADVOCATE, FOR RESPONDENTS-1 AND 2)

(SH. ASHOK SHARMA, ADVOCATE GENERAL WITH SH. SHIV PAL MANHANS AND SH. ASHWANI SHARMA, ADDITIONAL

ADVOCATE GENERALS, FOR RESPONDENT-3)

REGULAR FIRST APPEAL No.71 of 2021.

Between:-

1. JEET SINGH SON OF SH. MATA RAM

2. SH. TIKA RAM SON OF SH. TULSI RAM

3. SH. PREM SINGH SON OF SH. TULSI RAM

4. SH. MOHAR SINGH SON OF SH. TULSI RAM

5. SH. HARI CHAND SON OF SH. TULSI RAM.

ALL R/O MAUZA PANNAR, SUB TEHSIL DADAHU, TEHSIL RENUKA JI, DISTRICT SIRMOUR, H.P.

......APPELLANTS.

(BY SH. PAWAN KUMAR SHARMA AND SH.M.P. KANWAR, ADVOCATES)

AND

1. RENUKA JI DAM PROJECT THROUGH ITS MANAGING DIRECTOR/ DGM, HPPCL SUB TEHSIL DADAHU,

DISTRICT SIRMOUR, H.P.

2. LAND ACQUISITION COLLECTOR

.

HPPCL, UTTAM BHAWAN,

SHIMLA-4, H.P.

3. STATE OF HIMACHAL PRADESH, THROUGH THE DISTRICT COLLECTOR, SIRMOUR

AT NAHAN, H.P.

......RESPONDENTS.

4. DAULAT RAM SON OF SH. MATA RAM, R/O MAUZA PANNAR, SUB TEHSIL DADAHU,

TEHSIL RENUKA JI, DISTRICT SIRMOUR, H.P.

....PROFORMA RESPONDENT.

(SH.SHASHI SHIRSHOO, ADVOCATE,

FOR RESPONDENTS-1 AND 2)

(SH. ASHOK SHARMA, ADVOCATE GENERAL WITH SH. SHIV PAL MANHANS AND SH. ASHWANI SHARMA, ADDITIONAL

ADVOCATE GENERALS, FOR RESPONDENT-3)

REGULAR FIRST APPEAL No.72 of 2021.

Between:-

1. SH. BALWANT SINGH SON OF SH. MANGA RAM

2. SH. BALI RAM SON OF SH. MANGA RAM

3. SH. RAM SINGH SON OF SH. MANGA RAM

4. SH. RAJINDER SINGH SON OF SH. RAM SINGH

5. SMT. LAXMI DAUGHTER OF SH. MANGA RAM

6. SMT. SUKMA DEVI WIDOW OF SH. MANGA RAM

7. LATE SMT. DAYA DEVI WD/O OF SH. MANGA RAM THROUGH HER LEGAL HEIRS AS UNDER:-

         (i)     OM PARKASH
         (ii)    DEEP RAM

(iii) DEVINDER SINGH ALL SONS OF

.

LATE SMT. DAYA DEVI.

ALL R/O MAUZA PANNAR, SUB TEHSIL DADAHU, TEHSIL RENUKA JI, DISTRICT SIRMOUR, H.P.

......APPELLANTS.

(BY SH. PAWAN KUMAR SHARMA AND SH.M.P. KANWAR, ADVOCATES)

AND

1. RENUKA JI DAM PROJECT THROUGH ITS MANAGING DIRECTOR/

DGM, HPPCL SUB TEHSIL DADAHU, DISTRICT SIRMOUR, H.P.

2. LAND ACQUISITION COLLECTOR HPPCL, UTTAM BHAWAN, SHIMLA-4, H.P.

3. STATE OF HIMACHAL PRADESH, THROUGH THE DISTRICT COLLECTOR, SIRMOUR AT NAHAN, H.P.

......RESPONDENTS.

4. SMT. DEEPO DEVI D/O SH. MANGA RAM,

R/O MAUZA PANNAR, SUB TEHSIL DADAHU, TEHSIL RENUKA JI, DISTRICT SIRMOUR, H.P.

....PROFORMA RESPONDENT.

(SH.SHASHI SHIRSHOO, ADVOCATE, FOR RESPONDENTS-1 AND 2)

(SH. ASHOK SHARMA, ADVOCATE GENERAL WITH SH. SHIV PAL MANHANS AND SH. ASHWANI SHARMA, ADDITIONAL ADVOCATE GENERALS, FOR RESPONDENT-3)

REGULAR FIRST APPEAL No.73 of 2021.

Between:-

.

1. JIWAN SINGH S/O SH. DUNDIA

2. BABU RAM S/O SH. DUNDIA

ALL R/O MAUZA PANNAR, SUB TEHSIL DADAHU,TEHSIL RENUKA JI, DISTRICT SIRMOUR, H.P.

......APPELLANTS.

(BY SH. PAWAN KUMAR SHARMA AND SH.M.P. KANWAR, ADVOCATES)

AND

1. RENUKA JI DAM PROJECT THROUGH ITS MANAGING DIRECTOR/ DGM, HPPCL SUB TEHSIL DADAHU, DISTRICT SIRMOUR, H.P.

2. LAND ACQUISITION COLLECTOR HPPCL, UTTAM BHAWAN, SHIMLA-4, H.P.

3. STATE OF HIMACHAL PRADESH, THROUGH THE DISTRICT COLLECTOR, SIRMOUR

AT NAHAN, H.P.

......RESPONDENTS.

(SH.SHASHI SHIRSHOO, ADVOCATE, FOR RESPONDENTS-1 AND 2)

(SH. ASHOK SHARMA, ADVOCATE GENERAL WITH SH. SHIV PAL MANHANS AND SH. ASHWANI SHARMA, ADDITIONAL ADVOCATE GENERALS, FOR RESPONDENT-3)

REGULAR FIRST APPEAL No.74 of 2021.

Between:-

1. SH. PURAN CHAND SON OF LATE

SH. JALAM SINGH

2. SMT. PALIKA DEVI DAUGHTER OF

.

LATE SH. JALAM SINGH.

3. SMT. MONTI DEVI DAUGHTER OF SH. JALAM SINGH.

4. SMT. NOMI DEVI DAUGHTER OF SH. JALAM SINGH.

5. LATE SMT. SHANTI DEVI WIDOW OF SH. JALAM SINGH THROUGH HER

LEGAL HEIRS AS UNDER:-

(i) SH. PURAN CHAND SON OF LATE SH. JALAM SINGH

(ii) SMT. PALIKA DEVI DAUGHTER OF

LATE SH. JALAM SINGH.

(iii) SMT. MONTI DEVI DAUGHTER OF SH. JALAM SINGH.

(iv) SMT. NOMI DEVI DAUGHTER OF SH. JALAM SINGH.

6. LATE SH. BALBIR SINGH THROUGH HIS LEGAL HEIR AS UNDER:-

(i) SH. PURAN CHAND SON OF LATE SH. JALAM SINGH

(ii) SMT. PALIKA DEVI DAUGHTER OF LATE SH. JALAM SINGH

(iii) SMT. MONTI DEVI DAUGHTER OF SH. JALAM SINGH

(iv) SMT. NOMI DEVI DAUGHTER OF SH. JALAM SINGH

ALL R/O MAUZA PANNAR, SUB TEHSIL DADAHU, TEHSIL RENUKA JI, DISTRICT SIRMOUR, H.P.

......APPELLANTS.

(BY SH. PAWAN KUMAR SHARMA AND SH.M.P. KANWAR, ADVOCATES)

.

AND

1. RENUKA JI DAM PROJECT THROUGH ITS MANAGING DIRECTOR/

DGM, HPPCL SUB TEHSIL DADAHU, DISTRICT SIRMOUR, H.P.

2. LAND ACQUISITION COLLECTOR HPPCL, UTTAM BHAWAN,

SHIMLA-4, H.P.

3. STATE OF HIMACHAL PRADESH, THROUGH THE DISTRICT COLLECTOR, SIRMOUR

AT NAHAN, H.P.

......RESPONDENTS.

(SH.SHASHI SHIRSHOO, ADVOCATE, FOR RESPONDENTS-1 AND 2)

(SH. ASHOK SHARMA, ADVOCATE GENERAL

WITH SH. SHIV PAL MANHANS AND SH. ASHWANI SHARMA, ADDITIONAL ADVOCATE GENERALS, FOR RESPONDENT-3)

REGULAR FIRST APPEAL No.75 of 2021.

Between:-

SMT. MAHANTI DEVI DAUGHTER OF

SMT. NAJARO, RESIDENT OF MAUZA PANNAR, P.O. DADAHU, SUB TEHSIL DADAHU, TEHSIL RENUKA JI, DISTRICT SIRMOUR, H.P., AGED 75.

......APPELLANT.

(BY SH. PAWAN KUMAR SHARMA AND SH.M.P. KANWAR, ADVOCATES)

AND

1. RENUKA JI DAM PROJECT THROUGH ITS MANAGING DIRECTOR/

DGM, HPPCL SUB TEHSIL DADAHU, DISTRICT SIRMOUR, H.P.

.

2. LAND ACQUISITION COLLECTOR

HPPCL, UTTAM BHAWAN, SHIMLA-4, H.P.

3. STATE OF HIMACHAL PRADESH, THROUGH

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

......RESPONDENTS.

(SH.SHASHI SHIRSHOO, ADVOCATE,

FOR RESPONDENTS-1 AND 2)

(SH. ASHOK SHARMA, ADVOCATE GENERAL WITH SH. SHIV PAL MANHANS AND

SH. ASHWANI SHARMA, ADDITIONAL ADVOCATE GENERALS, FOR RESPONDENT-3)

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 is squarely covered by the

judgment rendered by a Co-ordinate Bench of this Court 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

directions and observations contained in the aforesaid

judgment shall apply mutatis mutandis to all these appeals.

2. Accordingly, appeal Nos. 313 to 324 of 2018 filed

by the appellants-Renuka Ji Dam Project, are dismissed.

.

3. As far as appeal Nos. 69 to 75 of 2021 filed by

the claimants/petitioners are concerned, they are allowed

by holding the claimants/petitioners entitled for

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

basis of the judgment cited supra.

4. It goes without saying r that the benefit of this

judgment shall be extended even to the proforma

respondents in case they are entitled to compensation.

5. All pending applications stand disposed of.

(Tarlok Singh Chauhan) Judge

29th October, 2021.

(krt)