Himachal Pradesh High Court
Smt. Mangi Devi W vs Unknown on 16 September, 2021
Bench: Vivek Singh Thakur
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
th
ON THE 16 DAY OF SEPTEMBER, 2021
BEFORE
HON'BLE MR. JUSTICE VIVEK SINGH THAKUR
.
REGULAR FIRST APPEAL NOS.19 OF 2020, 20 OF 2020, 21
OF 2020, 22 OF 2020 AND 41 OF 2020.
Between:
RFA NO.19 OF 2020
1. SMT. MANGI DEVI WD/O CHET RAM
(DECEASED)
THROUGH HER LEGAL HEIRS:-
a) SANTOSH
b) JOGINDER
BOTH DAUGHTER AND SON OF LATE
MANGI DEVI
2. SOHAN SINGH(DECEASED)SON OF SH.
KALI RAM THROUGH HIS LEGAL HEIR:-
a) RAJ KUMAR
b) JAGDISH CHAND
c) MAAN SINGH
ALL SONS AND DAUGHTERS OF LATE
SOHAN SINGH
ALL R/O MAUZA DEED BAGGAD,SUB-
TEHSILDADAHU,DISTRICT SIRMOUR(HP)
.......APPELLANTS/PETITIONERS
(BY SH. PAWAN K. SHARMA, ADVOCATE
AND
1. RENUKA DAM PROJECT THROUGH ITS
G.M. C/O HPPCL, SUBN TGEHSIL DADAHU,
DISTRICT SIRMOUR(HP)
2. LAND ACQUISITIONCOLLECTOR, HPPCL,
HIMFED BUILDING, NEAR BCS, NEW SHIMLA
3. STATE OF H.P THROUGH DISTRICT COLLECTOR
SIRMOUR AT NAHAN, DISTRICT SIRMOUR,HP.
......RESPONDENTS
(SH. SHASHI SHIRSHOO, ADVOCATE FOR R-1 &R-2
(MS.RAMEETA RAHI, ADDITIONAL ADVOCATE
GENERAL,
FOR R-3
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2
RFA NO. 20 OF 2020
1. RAM KRISHAN
2. ROOP CHAND
3. GEETA RAM ALL SONS OF LATE SHRI
BHARAT RAM
.
4. LATE SHRI HARI CHAND(DECEASED)
THROUGH HIS LEGAL HEIR
a) RAM KISHAN
b) ROOP CHAND
c) GEETA RAM ALL SONS OF LATE SH
BHAGAT RAM, R/O MAUZA SIUN,
SUB TEHSIL NOHRA, DISTRICT SIRMOUR,H.P.
...APPELLANTS/PETITIONERS
(BY SH. PAWAN K. SHARMA, ADVOCATE
AND
1. RENUKA DAM PROJECT THROGH ITS
G.M. C/0 HPPCL, SUB TEHSIL DADAHU, DISTRICT
SIRMOUR(HP)
2. LAND ACQUSITION COLLECTOR,HPPCL,HIMFED
BUILDING, NEAR BSC,NEW SHIMLA,H.P.
3. STATE OF H.P.THROUGH DISTRICT COLLECTOR
SIRMOUR AT NAHAN, DISTRICT SIRMOUR,H.P.
..RESPONDENTS
(SH. SHASHI SHIRSHOO, ADVOCATE FOR R-1 &R-2
(MS. RAMEETA RAHI, ADDITIONAL ADVOCATE
GENERAL, FOR R-3
RFA NO.21 OF 2020
1. KIRPA RAM
2. JODHA RAM
3. BABU RAM
4. RAM KISHAN
5. GOPAL SINGH
6. SATYA
7. SUMITRA
8 SMT. KAMLA
ALL SONS AND DAUGHTERS OF LATE
SHRI BANSI
ALL R/O MAUZA SIUN,SUB TEHSIL NORHA,
DISTRICT SIRMOUR, H.P.
(BY SH. PAWAN K. SHARMA, ADVOCATE
......APPELLANTS
AND
1. RENUKA DAM PROJECT THROGH ITS
G.M. C/O HPCL, SUB TEHSIL DADAHU,
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DISTRICT SIRMOUR(HP)
2. LAND ACQUISTITION COLLECTOR,
HPPCL,HIMFED BUILDING, NEAR BCS
NEW SHIMLA,H.P.
3 STATE OF H.P. THROUGH DISTRICT
COLLECTOR SIRMOUR AT NAHA,
DISTRICT SIRMOUR, H.P.
.
4 ASHWANI KUMAR
5 RAJESH
6 VIJAY
7 SUMITA
8 VEENA ALL SONS AND DAUGHTER OF
SH UDYA SINGH
9. BIMLA THAKUR WIFE OF UDAY THAKUR
10. DHANI RAM SON OF BHOLA RAM
11. BIR SINGH SON OF BHOLA RAM
ALL R/OMAUJA SIUN, SUB TEHSIL, NOHRA,
DISTRICT SIRMOUR
....PROFORMA RESPONDENTS
(SH. SHASHI SHIRSHOO, ADVOCATE FOR R-1 &R-2
(MS. RAMEETA RAHI, ADDITIONAL ADVOCATE
GENERAL, FOR R-3
RFA NO.22 OF 2020
DALIP SINGH SON OF LATE SHRI
NETAR SINGH, R/O MAUZA SIUN,SUB
TEHSIL NOHRA,DISTRICT SIRMOUR,H.P.
..APPELLANT/PETITIONER
(BY SH. PAWAN K. SHARMA, ADVOCATE
AND
1. RENUKA DAM PROJECT THROUGH ITS
G.M. C/O HPPL,SUB TEHSIL DADAHU,
DISTRICT SIRMOUR(HP)
2. LAND ACQUISITION COLLECTOR,
HPPCL,HIMFED BUILDING,NEAR
BCS,NEW SHIMLA,H.P.
3. STATE OF H.P.THROUGH DISTRICT
COLLECTOR SIRMOUR AT NAHAN, DISTRICT
SIRMOUR,H.P.
........RESPONDENTS
(SH. SHASHI SHIRSHOO, ADVOCATE FOR R-1 &R-2
(MS. RAMEETA RAHI, ADDITIONAL ADVOCATE
GENERAL, FOR R-3
RFA NO. 41 OF2021
RAM SWROOP S/O LEBHU RAM R/O
MAUZA SIUN PRESENTLY
RESIDING AT SANGRAH,TEHSIL
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SANGRAH, SUB TEHSIL NOHRA,
DISTRICT SIRMOUR,H.P.
..APPELLANT/PETITIONER
(BY SH. PAWAN K. SHARMA, ADVOCATE
AND
1. RENUKA DAM PROJECT THROUGH ITS
.
G.M. C/O HPPL,SUB TEHSIL DADAHU,
DISTRICT SIRMOUR(HP)
2. LAND ACQUISITION COLLECTOR,HPPCL,
HIMFED BUILDING,NEAR BCS,NEW
SHIMLA,H.P.
3. STATE OF H.P.THROUGH DISTRICT COLLECTOR
SIRMOUR AT NAHAN, DISTRICT SIRMOUR,H.P.
..RESPONDENTS
(BY SH. SHASHI SHIRSHOO, ADVOCATE FOR R-1 & R-2
(MS.RAMEETA RAHI, ADDITIONAL ADVOCATE
GENERAL FOR R-3)
WHETHER APPROVED FOR REPORTING? Yes
________________________________________________
This petition coming on for orders this day, the Court passed the
following:
JUDGMENT
These appeals bearing NOs. 19 of 2020 to 22
of 2020 and 41 of 2021 are being decided by this common
judgment as identical questions of fact and law, involved
in these appeals are is to be decided on the basis of
similar facts involved in these cases.
others versus Renuka Dam Project and others has been
filed by land owners/claimants against the award, dated
3.1.2018, passed by the Reference Court in LAC petition
No. 86-LAC/4 of 2014, titled as Mangi Devi and others
Versus Renukaji Dam Project and others, wherein, after
taking into consideration, the material placed before it, the
Reference Court has enhanced the compensation by
.
determining the value of acquired land at the rate of
Rs.one lakh per bigha along with consequential statutory
benefits. Acquired land in this case (RFA No.19 of 2020) is
situated in village Deed Bhagar and the same was
acquired for public purpose,i.e construction of Renukaji
Dam and its submergence area in village Deed Bhagar,
District Sirmour by completing the process under Land
Acquisition Act, 1894 (hereinafter referred as the Act),
after issuing Notification dated 24.7.2009 under Section 4
of the Act, which was lastly published on 14.9.2009.
3. RFA No.20 of 2020, titled as Ram Krishan and
others Versus Renukaji Dam and others, RFA No.21 of
2020, titled as Kirpa Ram and others Versus Renukaji Dam
Project and others; RFA No.22 of 2020,titled as Dalip Singh
Versus Renukaji Dam and others; and RFA No.41 of 2021,
titled as Ram Swroop Versus Renukaji Dam and others,
have been filed by land owners against the common
award dated 7.4.2017,passed by the Reference Court in
LAC petition NO.84-LAC/4 of 2014, Ram Krishan and others
versus Renukaji Dam and others; 87-LAC/4 of 2014, titled
as Kirpa Ram versus Renukaji Dam & others, LAC petition
No.91-LAC/4 of 2014 titled as Dalip Singh Versus Renukaji
Dam & others; and 85-LAC/4 of 2014 titled, as Ram
Swaroop Versus Renukaji Dam,wherein Reference Court,
.
after taking into consideration material before it has
enhanced the compensation by determining the value of
acquired land at the rate of Rs. One lakh per bigha along
with statutory benefits. Land in reference in RFA Nos,. 20
of 2020, 21 of 2020, 22 of 2020 and 41 of 2021 was
acquired for the same public purpose, i.e. construction of
Renukaji Dam and its submergence area in village Siun,
District Sirmour by completing the process under the Land
Acquisition Act 1894 (hereinafter referred at the Act),after
issuing Notification dated 24.1.2009, under Section 4 of
the Act which was lastly published on 19.2.2009.
4. Admittedly, acquired land in case of RFA No.19
of 2020 is situated in village Deed Bhagar and the same
was acquired by Land Acquisition Collector by passing
award No.654 dated 6.8.2012,whereas land in reference in
RFA No.20,21 and 22 of 2020 as well as 41 of 2021 is
situated in village Siun and the same was acquired by
Land Acquisition Collector, passing award NO.658 dated
23.8.2012. In all these cases, Land Acquisition Collector
had determined the value of land ranging from Rs.65,500/-
per bigha to Rs.7 lakh per bigha on the basis of nature and
classification of the land. Reference Court in all these
cases has determined the compensation at uniform rate
of Rs.one lakh per bigha
.
5. Undisputedly, apart from the land of the land
owners in present appeals, land belonging to other
villagers was also acquired for the aforesaid purpose under
the same Notification issued under Section 4 of the Act
and by passing common awards NO.654 dated 6.8.2012
and 658 dated 23.8.2012 and in those cases also
Reference Court had determined the value of acquired
land situated in villages Deed Bhagar, Siun and Lana
Macher at uniform rate of Rs.one Lakh per bigha. In those
cases, appeals were preferred by beneficiary Renukaji Dam
Project and also by land owners. Those appeals have been
decided by Co-ordinate Bench of this Court vide judgment
dated 9.12.2019, passed in RFA No.171 of 2016,titled as
LAC versus Kamal Dev and others along with connected
appeals. In those appeals the Coordinate Bench has
determined value of land situated in villages Siun, Deed
Bhagar, Lana Macher at the rate of Rs.7 lakh per bigha. It
is also an admitted fact that judgment passed in those
appeals has attained finality.
6. It is settled principle of law that for land
acquired at the same time and utilized for the same
purpose with no further development, situated in the same
village, land owners would be entitled to compensation on
uniform basis, irrespective of its classification and
.
category,particularly when land is acquired for the same
purpose by issuing the same Notification under Section 4
of the Act and by passing as common award by the Land
acquisition Collector. This issue stands settled in various
pronouncements of the Supreme Court such as Viluben
jhalejar Contractor (Dead) by LRs vs. State of
Gujrat,(2005) 4 SCC 789; Himmat Singh and others
Versus State of Madhya Pradesh and
another(2013)16 SCC 392 (para 34); Peerappa
Hanmantha Harijan (dead) by Legal Representatives
and others Versus State of Karnataka and another,
(2015)10 SCC 469(paras 80 and 81); as also this Court
in RFA No.953 of 2012,titled as Land Acquisition Collector
& another Versus Jatinder Singh, decided on 01.06.2016
and other connected matters and RFA No. 171 of 2016,
titled as LAC, HPPCL and another versus Kamal Dev and
others and other connected matters decided on 9.12.2019
by the High Court.
7. In view of aforesaid discussion, land
owners/appellants in present appeals are also entitled for
compensation by determining the value of acquired land
at the rate of Rs.7 lakh per bigha irrespective of its
classification and category. Therefore, present appeals are
allowed and marked value of acquired land is re-
.
determined and appellants/claimants are held entitled for
compensation of acquired land at the rate of Rs.7 lakh per
bigha irrespective of its classification and category along
with all consequential statutory benefits, available to
them in accordance with law and also in terms of award
passed by the Reference Court.
8. On the basis of enhanced compensation at the
rate of Rs.7 lakh per bigha, the General Manager,
Renukaji, HPPCL, Dadahu District Sirmour is directed to
deposit the entire awarded amount within a period of
eight weeks from today.
9. All the appeals stand allowed and disposed of
in the aforesaid terms, so also pending application(s),if
any.
(Vivek Singh Thakur)
Judge.
16th September, 2021
(veena)
.
