Himachal Pradesh High Court
Himachal Pradesh State ... vs Harish Chander on 26 April, 2022
Bench: Vivek Singh Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 26TH DAY OF APRIL, 2022
BEFORE
HON'BLE MR. JUSTICE VIVEK SINGH THAKUR
.
REGULAR FIRST APPEALS NO.229, 176, 177, 178, 230 & 231
OF 2012
1. RFA NO.229/2012
Between
1. HIMACHAL PRADESH STATE ELECTRICITY BOARD,
SHIMLA THROUGH ITS SECRETARY
(NOW EXECUTIVE DIRECTOR)
VIDYUT BHAWAN, SHIMLA H.P.
2. LAND ACQUISITION COLLECTOR,
H.P.S.E.B. UNIT-II MANDI,
DISTRICT MANDI,
H.P.
....APPELLANTS
(BY SHRI TARA SINGH CHAUHAN, ADVOCATE)
AND
1. HARISH CHANDER
2. LALIT KUMAR
3. JAGJEET KUMAR
SONS OF SUKH RAM
ALL RESIDENTS OF VILLAGE KHUDDAR,
HALQUA JEET PUR, TEHSIL JOGINDER NAGER,
DISTRICT MANDI,
H.P.
....RESPONDENTS
(BY SHRI H.S. RANGRA, ADVOCATE)
4. STATE OF H.P. THROUGH COLLECTOR,
MANDI, DISTRICT MANDI
H.P.
....PROFORMA-RESPONDENTS
(BY SHRI HEMANT VAID, ADDITIONAL
ADVOCATE GENERAL)
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RFA Nos.229,176,177,178,230 & 231 OF 2012
...2...
2. RFA NO.176/2012
Between
1. HIMACHAL PRADESH STATE ELECTRICITY BOARD,
.
SHIMLA THROUGH ITS SECRETARY
(NOW EXECUTIVE DIRECTOR)
VIDYUT BHAWAN, SHIMLA H.P.
2. LAND ACQUISITION COLLECTOR,
H.P.S.E.B. UNIT-II MANDI,
DISTRICT MANDI,
H.P.
....APPELLANTS
(BY SHRI TARA SINGH CHAUHAN, ADVOCATE)
AND
1. PAWAN KUMAR
2. NARENDER KUMAR
BOTH SONS OF DILA RAM
ALL RESIDENTS OF VILLAGE KONSAL,
ILLAQUA JEETPUR, TEHSIL JOGINDERNAGAR,
DISTRICT MANDI, HIMACHAL PRADESH
3. VIJAY KUMAR S/O DILA RAM
(SINCE DECEASED) THROUGH LRS
3(a) GAURAV HAZRI ALIA NANH (SON)
3(b) Km. GUNJAN (DAUGHTER)
3(c) SMT. SARLA DEVI (WIDOW)
3(d) SMT. PRABHA DEVI (MOTHER)
ALL RESIDENTS OF VILLAGE KHUDDAR,
P.O. BASSI, TEHSIL JOGINDER NAGER,
DISTRICT MANDI,
Himachal Prazdesh.
4. NEENA KUMARI D/O DILA RAM
RESIDENT OF VILLAGE KONSAL,
ILLAQUA JEETPUR, TEHSIL JOGINDERNAGAR,
DISTRICT MANDI, HIMACHAL PRADESH
....RESPONDENTS
(BY SHRI G.R. PALSRA, ADVOCATE)
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RFA Nos.229,176,177,178,230 & 231 OF 2012
...3...
5. STATE OF H.P. THROUGH COLLECTOR,
MANDI, DISTRICT MANDI
H.P.
....PROFORMA-RESPONDENTS
.
(BY SHRI HEMANT VAID, ADDITIONAL
ADVOCATE GENERAL)
3. RFA NO.177/2012
Between
1. HIMACHAL PRADESH STATE ELECTRICITY BOARD,
SHIMLA THROUGH ITS SECRETARY
(NOW EXECUTIVE DIRECTOR)
VIDYUT BHAWAN, SHIMLA H.P.
2. LAND ACQUISITION COLLECTOR,
H.P.S.E.B. UNIT-II MANDI,
DISTRICT MANDI,
H.P.
....APPELLANTS
(BY SHRI TARA SINGH CHAUHAN, ADVOCATE)
AND
1. MEDNI PRASAD S/O THAKUR DASS
2. DUMNI WD/O LATE SH. NANDU
(SINCE DECEASED) THROUGH LRS
2(a) SHEELA, DAUGHTER
2(b) PRATAP SINGH, SON
2(c) PIAR CHAND, SON
2(d) SHALENDER @ SURINDER KUMAR, SON
2(e) SARITA DEVI, GRAND-DAUGHTER
2(f) SEEMA DEVI, GRAND-DAUGHTER
2(g) MADAN LAL, GRAND-SON
3. PIAR CHAND ALIAS PIARU S/O LATE SH. NANDU
ALL RESIDENTS OF VILLAGE KONSAL,
HALQUA JEETPUR, TEHSIL JOGINDERNAGAR,
DISTRICT MANDI, HIMACHAL PRADESH.
....RESPONDENTS
(BY SHRI H.S. RANGRA, ADVOCATE)
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RFA Nos.229,176,177,178,230 & 231 OF 2012
...4...
4. STATE OF H.P. THROUGH COLLECTOR,
MANDI, DISTRICT MANDI
H.P.
....PROFORMA-RESPONDENTS
.
(BY SHRI HEMANT VAID, ADDITIONAL
ADVOCATE GENERAL)
4. RFA NO.178/2012
Between
1. HIMACHAL PRADESH STATE ELECTRICITY BOARD,
SHIMLA THROUGH ITS SECRETARY
(NOW EXECUTIVE DIRECTOR)
VIDYUT BHAWAN, SHIMLA H.P.
2. LAND ACQUISITION COLLECTOR,
H.P.S.E.B. UNIT-II MANDI,
DISTRICT MANDI,
H.P.
....APPELLANTS
(BY SHRI TARA SINGH CHAUHAN, ADVOCATE)
AND
1. ROOP SINGH S/O BHADRU
(SINCE DECEASED) THROUGH LRS
1(a) BIHARI LAL, SON
1(b) VISHAL, GRANDSON
1(c) SMT. KUSHMA DEVI, DAUGHTER-IN-LAW
1(d) SMT. ROOMA DEVI, WIDOW
ALL RESIDENTS OF VILLAGE KHUDDER,
P.O. BASSI, TEHSIL JOGINDER NAGER,
DISTRICT MANDI,
HIMACHAL PRADESH.
....RESPONDENTS
{BY SHRI G.R. PALSRA, ADVOCATE,
FOR RESPONDENTS NO.1(a) TO 1(c)
NONE FOR RESPONDENT No.1(d)}
4. STATE OF H.P. THROUGH COLLECTOR,
MANDI, DISTRICT MANDI
HIMACHAL PRADESH.
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RFA Nos.229,176,177,178,230 & 231 OF 2012
...5...
....PROFORMA-RESPONDENTS
(BY SHRI HEMANT VAID, ADDITIONAL
ADVOCATE GENERAL)
.
5. RFA NO.530/2012
Between
1. HIMACHAL PRADESH STATE ELECTRICITY BOARD,
SHIMLA THROUGH ITS SECRETARY
(NOW EXECUTIVE DIRECTOR)
VIDYUT BHAWAN, SHIMLA H.P.
2. LAND ACQUISITION COLLECTOR,
H.P.S.E.B. UNIT-II MANDI,
DISTRICT MANDI,
H.P.
....APPELLANTS
(BY SHRI TARA SINGH CHAUHAN, ADVOCATE)
AND
1. KANSHI RAM S/O BHADRU
2. RUP SINGH S/O BHADRU
(SINCE DECEASED) THROUGH LRS
2(a) BIHARI LAL, SON
2(b) VISHAL, GRANDSON
2(c) SMT. KUSHMA DEVI, DAUGHTER-IN-LAW
2(d) SMT. ROOMA DEVI, WIDOW
3. JHOMPHI RAM S/O BHADRU
(SINCE DECEASED) THROUGH LRS
3(a) VINOD KUMAR, SON
3(b) SUNITA DEVI, DAUGHTER
3(c) MEERA DEVI, DAUGHTER
3(d) ATTI DEVI, DAUGHTER
3(e) PAMI DEVI, DAUGHTER
3(f) VIYASA DEVI, WIDOW
4. KAHAN SINGH, S/O BHADRU
ALL RESIDENTS OF VILLAGE KHUDDAR,
P.O. BASSI, TEHSIL JOGINDER NAGER,
DISTRICT MANDI, H.P.
....RESPONDENTS
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RFA Nos.229,176,177,178,230 & 231 OF 2012
...6...
{BY SHRI H.S. RANGRA, ADVOCATE, FOR
RESPONDENTS, EXCEPT RESPONDENTS
NO.3(a) TO 3(f)}
{NONE FOR RESPONDENTS NO.3(a) TO 3(f)}
.
4. STATE OF H.P. THROUGH COLLECTOR,
MANDI, DISTRICT MANDI
H.P.
....PROFORMA-RESPONDENTS
(BY SHRI HEMANT VAID, ADDITIONAL
ADVOCATE GENERAL)
1. RFA NO.231/2012
Between
1. HIMACHAL PRADESH STATE ELECTRICITY BOARD,
SHIMLA THROUGH ITS SECRETARY
(NOW EXECUTIVE DIRECTOR)
VIDYUT BHAWAN, SHIMLA H.P.
2. LAND ACQUISITION COLLECTOR,
H.P.S.E.B. UNIT-II MANDI,
DISTRICT MANDI,
H.P.
....APPELLANTS
(BY SHRI TARA SINGH CHAUHAN, ADVOCATE)
AND
1. DILA RAM HAZRI S/O SUDHAMA RAM HAZRI
(SINCE DECEASED) THROUGH LRS
1(a) PARVEEN KUMAR S/O LATE SH. DILA RAM
1(b) NARINDER KUMAR S/O LATE SH. DILA RAM
1(c) MEENA DEVI D/O LATE SH. DILA RAM
1(d) PRABHA DEVI W/O LATE SH. DILA RAM
1(e) SARLA DEVI W/O VIJAY KUMAR S/O LATE SH. DILA
RAM
1(f) GAURAV S/O SHRI VIJAY KUMAR
S/O LATE SH. DILA RAM
1(g) GUNJAN D/O VIJAY KUMAR
S/O LATE SH. DILA RAM
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RFA Nos.229,176,177,178,230 & 231 OF 2012
...7...
ALL RESIDENTS OF VILLAGE KONSAL,
HALQUA JEET PUR, TEHSIL JOGINDER NAGER,
DISTRICT MANDI,
HIMACHAL PRADESH.
.
....RESPONDENTS
(BY SHRI H.S. RANGRA, ADVOCATE)
4. STATE OF H.P. THROUGH COLLECTOR,
MANDI, DISTRICT MANDI
H.P.
....PROFORMA-RESPONDENT
(BY SHRI HEMANT VAID, ADDITIONAL
ADVOCATE GENERAL)
Reserved on : 21.4.2022
Decided on :
Whether approved for reporting?
These Appeals coming on for hearing this day, the Court
delivered the following:
JUDGMENT
These appeals are being decided by passing this
common judgment, as identical facts and circumstances, on
the basis of common evidence on record, are to be
appreciated.
2. These Appeals have been preferred by the
Himachal Pradesh State Electricity Board (for short HPSEB)
against common Award dated 30.12.2011, passed by
Reference Court, i.e. District Judge, Mandi, District Mandi,
Himachal Pradesh, in Reference Petitions No.24 of 2007,
titled as Harish Chander & others v. State of H.P. & others;
RFA Nos.229,176,177,178,230 & 231 OF 2012
...8...
22 of 2007, titled as Pawan Kumar & others v. State of H.P. &
others; 16 of 2007, titled as Medni Prasad & others v. State
.
of H.P. & others; 18 of 2007, titled as Roop Singh v. State of
H.P. & others; 15 of 2007, titled as Kanshi Ram & others v.
State of H.P. & others; and 25 of 2007, titled as Dole Ram v.
State of H.P. & others, whereby rate of land, under
acquisition, ranging from `1,00,000/- to `4,10,000/- per
bigha awarded by the Land Acquisition Collector, vide
Award No.295 dated 7.6.2006, fixed on the basis of nature
and classification of the land, has been enhanced to
uniform rate @ `4,25,000/- per bigha irrespective of nature
and classification of land in question.
3. Learned District Judge had consolidated all
Reference Petitions, referred supra, vide order dated
18.2.2010 and evidence was recorded only in Reference
Petition No.24 of 2007, titled as Harish Chander & others v.
State of H.P. & others, which was ordered to be read for
decision in all Reference Petitions.
4. In present Appeals, all Reference Petitions had
arisen out of Award No.295, dated 7.6.2006, passed by
Land Acquisition Collector, whereby land situated in village
Khudar, Tehsil Jogindernagar, District Mandi, Himachal
RFA Nos.229,176,177,178,230 & 231 OF 2012
...9...
Pradesh, was acquired by appellants for construction of Uhl
Hydel Project Stage-III, by initiating the process under the
.
Land Acquisition Act (hereinafter referred to as the Act)
after issuing Notification under Section 4 of the Act on
4.7.2003.
5. In present cases, Reference Court had
determined the value of land on the basis of its earlier
Award (Ex.PA), passed in Reference Petition No.17 of 2007,
titled as Jonda Ram & others v. HPSEB, decided on
30.9.2011. In Jonda Ram's case also land situated in village
Khudar, Tehsil Jogindernagar, District Mandi, Himachal
Pradesh, was acquired for Uhl Hydel Project Stage-III, i.e. for
the same purpose in the process initiated by issuing
Notification dated 4.7.2003, under Section 4 of the Act, i.e.
vide same Notification. Matters in present Appeals as well
as in Jonda Ram's case have arisen out of Award No.295,
dated 7.6.2006, passed by Land Acquisition Collector.
6. It is an admitted fact that Award dated
30.9.2011, passed in Jonda Ram's case was assailed by the
appellants in RFA No. 17 of 2012, titled as Himachal Pradesh
State Electricity Board v. Jonda Ram (deceased) through LRs.
RFA Nos.229,176,177,178,230 & 231 OF 2012
...10...
The said RFA alongwith other connected matters has been
dismissed by this Court vide judgment dated 18.5.2017.
.
7. It is evident that present Appeals are squarely
covered by judgment dated 18.5.2017, passed in RFA No.17
of 2017 (supra). Therefore, reasons stated in the said
judgment are applicable mutatis mutandis to the present
Appeals also and, therefore, Award passed by the
Reference Court, impugned in the present Appeals, is
upheld andr the Land Owners are held entitled for
compensation at uniform rate, i.e. `4,25,000/- per bigha,
alongwith consequential benefits and statutory reliefs in
accordance with law.
8. Before parting, it would be relevant to mention
that in RFA No.231 of 2012, titled as HPSEB v. Dila Ram &
others, for failure of appellants to take steps on account of
death of respondent No.1(d) in the said Appeal, it was
ordered to be dismissed for non-prosecution on 13.6.2018
as well as 12.12.2018. In view of afore-discussion, this
Appeal also deserves to be dismissed on merit and
dismissal thereof be treated accordingly.
9. In RFA No.230 of 2012, titled as HPSEB v. Kanshi
Ram & others, appellants have failed to take steps for
RFA Nos.229,176,177,178,230 & 231 OF 2012
...11...
service of respondents No.3(b) and 3(e). Therefore, said
appeal deserves to be dismissed for non-prosecution as
.
well as on merit.
Accordingly, all the Appeals are dismissed, in
aforesaid terms. Pending application(s), if any, also stand
disposed of.
( Vivek Singh Thakur )
April 26, 2022(sd) Judge.
