Himachal Pradesh High Court
Suresh Kumar & Ors vs Ntpc & Anr on 11 September, 2024
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RFA No.37/2024.
Date of Decision: 11th September, 2024.
Suresh Kumar & Ors. .....Appellants.
.
Versus
NTPC & Anr. .....Respondents.
Coram
The Hon'ble Mr. Justice Bipin Chander Negi, Judge.
Whether approved for reporting?1
For the Appellants: Ms. Veena Sharma, Advocate.
For the Respondents: Mr. Jagdish Thakur, Advocate, for
respondent No.1.
Mr. B.N. Sharma, Addl. Advocate
General, for respondent No.2.
Bipin Chander Negi, Judge (oral).
The appeal in the case at hand is against the award
dated 02.06.2014 passed by learned District Judge, Bilaspur,
same is being taken up for adjudication with the consent of
learned counsel representing the parties.
2.By way of aforesaid appeal filed under Section 54 of the Land
Acquisition Act, 1894 (hereinafter referred to as the Act),
challenge has been laid to award dated 02.06.2014 passed by
learned District Judge, Bilaspur, in various Land Reference
petitions as described in the award.
3.Undisputedly, the suit land belonging to claimants, situate in
village Bohat, Tehsil Sadar, District Bilaspur, H.P. came to be
acquired for public purpose; namely; construction of Kol Dam
Hydro Electric Project and acquisition proceedings commenced
Whether reporters of Local Papers may be allowed to see the judgment? YES
with the issuance of Notification under Section 4 of the Act on
06.10.2000. The Land Acquisition Collector (for short 'LAC')
passed award No.46 of 2005 on 01.12.2005. It is not in dispute
.
that market value of acquired land came to be
determined/assessed on different rates, classification/ category-
wise, ranging from Rs.1,04,416/- to Rs.4,69,955/- per bigha.
4.Claimants, being aggrieved and dissatisfied with the amount
awarded by LAC, preferred reference petitions under Section 18
fact remains
r that
of the Act, seeking therein enhancement of compensation,
however, vide impugned award
02.06.2014 learned District Judge, Bilaspur, H.P. rejected the
dated
claim put forth by claimants for enhancement of compensation.
5.Being aggrieved and dissatisfied with the rejection of their
claims for enhancement of original award passed by LAC vide
award No.46 of 2005, dated 01.12.2005, claimants have
approached this Court in the instant proceedings, laying therein
challenge to award dated 02.06.2014, passed by learned
District Judge, Bilaspur in the petitions having been filed under
Section 18 of the Act.
6.It is not in dispute before this Court that similar situate claimants,
whose land also came to be acquired for construction of Kol Dam in
the acquisition proceedings commenced with the publication of
Notification issued under Section 4 of the Act on 06.10.2000, had filed
land reference petitions before the learned District Judge, Bilaspur,
praying therein to enhance the compensation awarded by LAC vide
award No.46 of 2005, dated 01.12.2005.
7.As has been noticed above, LAC, while passing award No.46 of
2005, dated 01.12.2005, determined the market value of acquired
land on different rates, classification/category-wise, ranging from
.
Rs.1,04,416/- to Rs.4,69,955/- per bigha. However, fact remains that
similar situated claimants, being dissatisfied with quantum of
compensation awarded by LAC in its award No.46 of 2005, dated
01.12.2005, filed reference petitions under Section 18 of the Act and
those reference petitions were clubbed and disposed of by a common
award passed in Reference Petition No.173 of 2008, titled as:
Kanchan Kumari vs. Land Acquisition Collector, Kol Dam,
Bilaspur and & Another, wherein the Reference Court re-
determined the market value of entire land irrespective of its
category/classification on uniform basis and awarded a sum of
Rs.4,69,955/- per bigha.
8.Being aggrieved and dis-satisfied with the aforesaid award passed
by learned District Judge, Bilaspur, respondent No.2 - N.T.P.C. filed
RFA No.4180 of 2013 a/w Cross Objection No.5 of 2017, titled
as: NTPC Limited Kol Dam, Barmana vs. Kanchan Kumari &
Others, in this Court.
9.A Coordinate Bench of this Court vide judgment dated 11.01.2017,
passed in aforesaid RFA No.4180 of 2013, upheld the award dated
27.08.2013 passed by learned District Judge, Bilaspur in the aforesaid
Reference Petition No.173 of 2008, titled as: Kanchan Kumari
vs. Land Acquisition Collector, Kol Dam, Bilaspur and &
Another and reiterated the market value of entire acquired land
irrespective of its category and classification as done by Reference
Court.
10. Ms. Veena Sharma, learned counsel representing the
appellants, while placing reliance upon the aforesaid judgment dated
11.1.2017, passed in RFA No.4180 of 2013, by the Coordinate Bench
.
of this Court, contended that the appeals at hand also deserve to be
disposed of in terms of aforesaid judgment because undisputedly
claimants in the cases at hand along with the claimants who had filed
Reference Petition No.173 of 2008, titled as: Kanchan Kumari
vs. Land Acquisition Collector, Kol Dam, Bilaspur and &
Another, were awarded compensation vide common award No.46 of
2005. She further argued that since this Court had upheld the
findings of Reference Court, returned in the aforesaid Reference
Petition No.173/2008, therefore, the claimants in the instant cases
are also entitled to market value of entire acquired land irrespective
of its category/classifications by uniformly awarding a highest sum of
Rs.4,69,955/- per bigha.
11. Mr. Jagdish Thakur, learned counsel representing respondent
No.1, while fairly acknowledging the factum with regard to passing of
judgment dated 11.01.2017 in RFA No.4180 of 2013, conceded that
claimants in the cases at hand are also entitled to market value of
acquired land @ Rs.4,69,955/- per bigha, which is highest rate
awarded by the Collector and affirmed by the learned District Judge,
Bilaspur in Reference Petition No.173 of 2008, titled as:
Kanchan Kumari vs. Land Acquisition Collector, Kol Dam,
Bilaspur and & Another, which has further been upheld by this
Court in RFA No.4180 of 2013.
12. Consequently, in view of aforesaid discussion as well as fair
stand adopted by Ms. Veena Sharma, learned counsel representing
the appellants, all the present appeals are disposed of and it is
ordered that directions contained in RFA No.4180 of 2013 a/w
Cross Objection No.5 of 2017, titled NTPC Limited Kol Dam,
.
Barmana vs. Kanchan Kumari & Others, shall mutatis mutandis
apply to the present cases also.
13. Respondent No.1 is directed to deposit the entire award
amount in the Registry of this Court within a period of eight weeks
from today.
14. Interim order, if any, is vacated. Appeal stands dispose of
and so also the miscellaneous applications, if any.
(Bipin Chander Negi)
Judge
11th September, 2024
(Gaurav Rawat)
