Himachal Pradesh High Court
Hppcl And Another vs Daulat Ram And Others on 1 July, 2025
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RFA No.383/2018 a/w Cross
objections No. 03 of 2019
and connected matter
Date of Decision: 01 st July 2025.
.
1. RFA No. 383 of 2018 a/w Cross objections No. 03 of 2019
HPPCL and another .....Appellants.
Versus
Daulat Ram and others .....Respondents.
2. RFA No. 393 of 2018 a/w cross objections No. 19 of 2019
HPPCL and another .....Appellants.
Versus
Daulat Ram and others .....Respondents
____________________________________________________
Coram
The Hon'ble Mr. Justice Bipin Chander Negi, Judge.
Whether approved for reporting?1
For the Appellants : Mr. Shashi Shirshoo, Advocate in
RFA No.383 of 2018 and Mr.
Vikas Mishra, Advocate, in RFA
No. 393 of 2018.
For the Respondents : Mr. Ajay Chauhan, Advocate, for
respondent No.1 in both the
appeals-cross objector.
: Mr. R.P. Singh, Deputy Advocate
General, for proforma
respondents No. 2 & 3.
Bipin Chander Negi, Judge (oral).
Since both the above captioned appeals are directed
against the award(s) dated 5.9.2018 & 09.08.2018 passed, in
Reference Petition No.35-LAC/4 of 2015 and 15-LAC/4 of 2015
respectively, alongwith other connected matters, by learned District
Whether reporters of Local Papers may be allowed to see the judgment? YES
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 05.9.2018 & 9.8.2018
passed by learned District Judge, Sirmaur District at Nahan, in
various Land Reference petitions as described in the award.
3. Undisputedly, the suit land belonging to claimant(s), situate
in Mohal Jaincha Majhai, 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.
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 5.9.2018, 9.18.2018,
redetermined 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.
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.35-LAC/4 of 2015, dated 05.09.2018,
alongwith other connected matters and Reference Petition No.15-
LAC/4 of 2015, dated 09.08.2018, 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 Coordinate 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 05.9.2018 & 9.8.2018,
respectively.
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. Shri Ajay
Chauhan, 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
madehereinabove 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. Interim order, if any, is
vacated.
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. In view of the aforesaid, cross objections bearing No.03 of
2019 filed in RFA No. 383 of 2018 and cross objections bearing
No.19 of 2019 filed in RFA No. 393 of 2018 also stand disposed of.
Pending miscellaneous applications, if any, also stand
disposed of.
(Bipin Chander Negi)
Judge
01st July, 2025
(Tarun)
