Himachal Pradesh High Court
Jangi (Deceased) Through His Lr vs Ntpc And Others on 1 May, 2025
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RFA No.30/2025.
Date of Decision: 01st May 2025.
Jangi (deceased) through his LR .....Appellant.
Versus
NTPC and others .....Respondents.
Coram
The Hon'ble Mr. Justice Bipin Chander Negi, Judge.
Whether approved for reporting?1
For the Appellant : Mr. Abhishek Sharma, Advocate.
For the Respondents: Mr. Jagdish Thakur, Advocate, for
respondent No.1.
: Respondents No.2 to 4 are stated
to have expired.
: Mr. Raj Kumar Negi, Additional
Advocate General, for respondent
No.5/State.
Bipin Chander Negi, Judge (oral).
The appeal in the case at hand is against the award
dated 20.07.2011 passed by learned Additional District Judge,
Ghumarwin, 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 20.07.2011 passed by
learned Additional District Judge, Ghumarwin, in various Land
Reference petitions as described in the award.
3. Undisputedly, the suit land belonging to
claimants, situate in village Jamthal, Tehsil Sadar, District
Whether reporters of Local Papers may be allowed to see the judgment? YES
Bilaspur, H.P. came to be acquired for public purpose; namely;
construction of Kol Dam Hydro Electric Project and acquisition
proceedings commenced with the issuance of Notification under
Section 4 of the Act on 06.09.2001. The Land Acquisition
Collector (for short 'LAC') passed award No.21 of 2004 on
15.12.2004. 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.94,905/- to
Rs.4,26,792/- per bigha.
4. Claimants, being aggrieved and dissatisfied with
the amount awarded by LAC, preferred reference petitions
under Section 18 of the Act, seeking therein enhancement of
compensation, however, fact remains that vide impugned award
dated 20.07.2011 learned Additional District Judge,
Ghumarwin, H.P. rejected the 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.21 of 2004, dated 15.12.2004, claimants have
approached this Court in the instant proceedings, laying therein
challenge to award dated 20.07.2011, passed by learned
Additional District Judge, Ghumarwin 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
06.09.2001, had filed land reference petitions before the learned
District Judge, Bilaspur, praying therein to enhance the compensation
awarded by LAC vide award No.21 of 2004, dated 15.12.2004.
7. As has been noticed above, LAC, while passing award
No.21 of 2004, dated 15.12.2004, determined the market value of
acquired land on different rates, classification/category-wise, ranging
from Rs.94,905/- to Rs.4,26,792/- per bigha. However, fact remains
that similar situated claimants, being dissatisfied with quantum of
compensation awarded by LAC in its award No.21 of 2004, dated
15.12.2004, 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.130-4-2008, titled as
Nikku Ram 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.4,26,792/- 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.39 of 2015 a/w Cross Objection No.146 of
2016, titled as NTPC Limited Kol Dam, Barmana vs. Nikku Ram
& Others, in this Court.
9. A Coordinate Bench of this Court vide judgment dated
12.01.2017, passed in aforesaid RFA No.39 of 2015, upheld the award
dated 25.05.2014 passed by learned Additional District Judge,
Ghumarwin in the aforesaid Reference Petition No.130-4-2008,
titled as Nikku Ram 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
12.1.2017, passed in RFA No.39 of 2015, 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.130-4-2008, titled as Nikku Ram vs.
Land Acquisition Collector, Kol Dam, Bilaspur and & Another,
were awarded compensation vide common award No.21 of 2004. She
further argued that since this Court had upheld the findings of
Reference Court, returned in the aforesaid Reference Petition No.130-
4-2008, 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.4,26,792/- per bigha.
11. Mr. Jagdish Thakur, learned counsel representing respondent
No.1, while fairly acknowledging the factum with regard to passing of
judgment dated 12.01.2017 in RFA No.39 of 2015, conceded that
claimants in the cases at hand are also entitled to market value of
acquired land @ Rs.4,26,792/- per bigha, which is highest rate
awarded by the Collector and affirmed by the learned District Judge,
Bilaspur in Reference Petition No.130-4-2008, titled as: Nikku
Ram vs. Land Acquisition Collector, Kol Dam, Bilaspur and &
Another, which has further been upheld by this Court in RFA No.39
of 2015.
12. Consequently, in view of aforesaid discussion as well as fair
stand adopted by Ms. Veena Sharma, learned counsel representing
the appellants, the present appeal is disposed of and it is ordered that
directions contained in RFA No.39 of 2015 a/w Cross Objection
No.146 of 2016, titled NTPC Limited Kol Dam, Barmana vs.
Nikku Ram & Others, shall mutatis mutandis apply to the present
cases also. However, it is made clear that in terms of order dated
01.05.2025 passed in CMP(M) No. 500 of 2024 while condoning delay
of 11 years 9 months & 29 days in filing of the present appeal, it had
been made clear that the present appellant could not be entitled to
any interest for the said period.
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
01st May, 2025
(Tarun)
