WPMS/2491/2020
2021 Latest Caselaw 38 UK

IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL
     ON THE 6TH DAY OF JANUARY, 2021
                      BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


       Writ Petition (M/S) No.346 of 2016


BETWEEN:

Gyan Singh Panwar, S/o late Shri Mangal Singh,
R/o Village Malideval Patti Juwa, District Tehri
Garhwal, at present R/o T-Estate Banzarawala
Dehradun.
                                           ....Petitioner


AND:

1.   State    of   Uttarakhand,     through     Secretary
Irrigation     Department         Uttarakhand      Govt.
Dehradun.
2. THDC India Ltd. through its Chairman/Managing
Director     Bhagiratipuram     Tehri   District    Tehri
Garhwal.
3. The Collector under the provision of Land
Acquisition Act, Tehri District Tehri Garhwal
                                        .....Respondents

with

Writ Petition (M/S) No.2491 of 2020 BETWEEN:

1. Prabhu Lal Dobhal (male) aged about 64 years S/o Late Shri Prem Lal Dobhal.

2. Shiv Prasad Dobhal (male) aged about 52 years S/o Late Shri Prem Lal Dobhal.

3. Shailendra Dobhal (male) aged about 42 years S/o Late Shri Rajendra Prasad Dobhal.

4. Ashish Dobhal (male) aged about 29 years S/o Late Shri Rajendra Prasad Dobhal. All Residents of Village Malideval, Pargana Udaypur, Tehsil and District Tehri Garhwal. At present House No. 145, Lane No. 05, Upper Sarthi Vihar, Ajabpur Danda, P.O. Nehrugram, District Dehradun.

....Petitioners AND:

1. State of Uttarakhand, through Secretary Irrigation Department Government of Uttarakhand, Dehradun.

2. Tehri Hydro Development Corporation India Ltd. through its Chairman Managing Director Bhagiratipuram Tehri District Tehri Garhwal.

3. Collector under the provision of Land Acquisition Act, Tehri District Tehri Garhwal .....Respondents

Writ Petition (M/S) No. 348 of 2016

BETWEEN:

1. Dharm Singh S/o late Shri Puran Singh @ Punnu

2. Gambhir Singh

3. Manvir Singh Rana Petitioner No. 2 & 3 Sons of late Shri Gulab Singh @ Guntu R/o Village Malideval Patti Juwa, District Tehri Garhwal, at present R/o T-Estate Banzarawala, House No. 450, Dehradun.

....Petitioners

AND:

1. State of Uttarakhand through Secretary Irrigation Department, Uttarakhand Govt. Dehradun.

2. THDC India Ltd. through its Chairman/ Managing Director Bhagiratipuram Tehri District Tehri Garhwal.

3. The Collector under the provision of Land Acquisition Act, Tehri, District Tehri Garhwal .....Respondents

with

Writ Petition (M/S) No. 349 of 2016

BETWEEN:

Surendra Singh Rana, S/o Late Shri Raghunath Singh Rana, R/o Village Malideval Patti Juwa, District Tehri Garhwal, at present R/o Mata Mandir Dharampur Dehradun.

....Petitioner

AND:

1. State of Uttarakhand through Secretary Irrigation Department, Uttarakhand Govt. Dehradun.

2. THDC India Ltd. through its Chairman/ Managing Director Bhagiratipuram Tehri District Tehri Garhwal.

3. The Collector under the provision of Land Acquisition Act, Tehri, District Tehri Garhwal .....Respondents

with

Writ Petition (M/S) No. 350 of 2016

BETWEEN:

1. Purnanand.

2. Ramesh Datt.

3. Dinesh Datt

Sons of late Shri Bharav Datt, R/o Village Malideval Patti Juwa, District Tehri Garhwal, at present R/o A-264, T-Estate Banzarawala, Dehradun.

....Petitioners

AND:

1. State of Uttarakhand through Secretary Irrigation Department, Uttarakhand Govt. Dehradun.

2. THDC India Ltd. through its Chairman/ Managing Director Bhagiratipuram Tehri District Tehri Garhwal.

3. The Collector under the provision of Land Acquisition Act, Tehri, District Tehri Garhwal .....Respondents

with

Writ Petition (M/S) No. 351 of 2016

BETWEEN:

Anurag Vashisht power of attorney Late Shri Shiv Prasad, S/o late Shri Bholaram @ Bhola Datt, R/o Village Malideval Patti Juwa, District Tehri Garhwal, at present R/o 44, Vishnu Vihar, Ajabpurkala Bypass Road, Dehradun.

....Petitioner

AND:

1. State of Uttarakhand through Secretary Irrigation Department, Uttarakhand Govt. Dehradun.

2. THDC India Ltd. through its Chairman/ Managing Director Bhagiratipuram Tehri District Tehri Garhwal.

3. The Collector under the provision of Land Acquisition Act, Tehri, District Tehri Garhwal .....Respondents with

Writ Petition (M/S) No. 355 of 2016

BETWEEN:

Vikram Singh Bhandari, S/o late Shri Gundar Singh Bhandari @ Muli R/o Village Malideval Patti Juwa, District Tehri Garhwal, at present R/o T-Estate Banzarawala, Dehradun.

....Petitioner

AND:

1. State of Uttarakhand through Secretary Irrigation Department, Uttarakhand Govt. Dehradun.

2. THDC India Ltd. through its Chairman/ Managing Director Bhagiratipuram Tehri District Tehri Garhwal.

3. The Collector under the provision of Land Acquisition Act, Tehri, District Tehri Garhwal .....Respondents

with

Writ Petition (M/S) No. 356 of 2016

BETWEEN:

Bhagwant Singh Bhandari, S/o late Shri Gundar Singh Bhandari @ Muli R/o Village Malideval Patti Juwa, District Tehri Garhwal, at present R/o T-Estate Banzarawala, Dehradun.

....Petitioner

AND:

1. State of Uttarakhand through Secretary Irrigation Department, Uttarakhand Govt. Dehradun.

2. THDC India Ltd. through its Chairman/ Managing Director Bhagiratipuram Tehri District Tehri Garhwal.

3. The Collector under the provision of Land Acquisition Act, Tehri, District Tehri Garhwal .....Respondents

with

Writ Petition (M/S) No. 357 of 2016

BETWEEN:

1. Kishori Lal Dobhal

2. Madan Lal Dobhal

3. Smt. Neeta Dobhal W/o late Shri Nand Lal Dobhal

4. Vijay Lal

5. Manohari Lal Dobhal

6. Chiranjiv Dobhal Sons of late Shri Sunder Lal Dobhal, R/o Village Malideval Patti Juwa District Tehri Garhwal, At present R/o Village Maroda (Tiwadgaon) Post Koti Colony District Tehri Garhwal, Address-Kishorilal Dobhal 104, Salawala (Hathibadkala) Dehradun.

....Petitioners

AND:

1. State of Uttarakhand through Secretary Irrigation Department, Uttarakhand Govt. Dehradun.

2. THDC India Ltd. through its Chairman/ Managing Director Bhagiratipuram Tehri District Tehri Garhwal.

3. The Collector under the provision of Land Acquisition Act, Tehri, District Tehri Garhwal

.....Respondents

with

Writ Petition (M/S) No. 358 of 2016

BETWEEN:

Jai Krishan Singh Rana, S/o late Shri Raghunath Singh Rana, R/o Village Malideval Patti Juwa, District Tehri Garhwal, at present R/o 370, T-Estate Banzarawala, Dehradun.

....Petitioner

AND:

1. State of Uttarakhand through Secretary Irrigation Department, Uttarakhand Govt. Dehradun.

2. THDC India Ltd. through its Chairman/ Managing Director Bhagiratipuram Tehri District Tehri Garhwal.

3. The Collector under the provision of Land Acquisition Act, Tehri, District Tehri Garhwal .....Respondents

with

Writ Petition (M/S) No. 359 of 2016

BETWEEN:

Kishan Singh Padiyar, S/o late Shri Bhagat Singh Padiyar, R/o Village Malideval Patti Juwa, District Tehri Garhwal, at present R/o T-Estate Banzarawala, Dehradun.

....Petitioner

AND:

1. State of Uttarakhand through Secretary Irrigation Department, Uttarakhand Govt. Dehradun.

2. THDC India Ltd. through its Chairman/ Managing Director Bhagiratipuram Tehri District Tehri Garhwal.

3. The Collector under the provision of Land Acquisition Act, Tehri, District Tehri Garhwal .....Respondents with

Writ Petition (M/S) No. 360 of 2016

BETWEEN:

Balwant Singh Panwar, S/o late Shri Narain Singh @ Gabar Singh, R/o Village Malideval Patti Juwa, District Tehri Garhwal, at present R/o T-Estate Banzarawala, Dehradun.

....Petitioner

AND:

1. State of Uttarakhand through Secretary Irrigation Department, Uttarakhand Govt. Dehradun.

2. THDC India Ltd. through its Chairman/ Managing Director Bhagiratipuram Tehri District Tehri Garhwal.

3. The Collector under the provision of Land Acquisition Act, Tehri, District Tehri Garhwal .....Respondents with

Writ Petition (M/S) No. 368 of 2016

BETWEEN:

Aitwar Singh Panwar, S/o late Gusain Singh Panwar, R/o Village Malideval Patti Juwa, District Tehri Garhwal, at present R/o T- Estate Banzarawala, Dehradun.

....Petitioner

AND:

1. State of Uttarakhand through Secretary Irrigation Department, Uttarakhand Govt. Dehradun.

2. THDC India Ltd. through its Chairman/ Managing Director Bhagiratipuram Tehri District Tehri Garhwal.

3. The Collector under the provision of Land Acquisition Act, Tehri, District Tehri Garhwal .....Respondents

with

Writ Petition (M/S) No. 373 of 2016

BETWEEN:

Bulak Singh Panwar, S/o late Shri Mangal Singh Panwar, R/o Village Malideval Patti Juwa, District Tehri Garhwal, at present R/o T-Estate Banzarawala, Dehradun.

....Petitioner

AND:

1. State of Uttarakhand through Secretary Irrigation Department, Uttarakhand Govt. Dehradun.

2. THDC India Ltd. through its Chairman/ Managing Director Bhagiratipuram Tehri District Tehri Garhwal.

3. The Collector under the provision of Land Acquisition Act, Tehri, District Tehri Garhwal .....Respondents

with

Writ Petition (M/S) No. 374 of 2016

BETWEEN:

Krishan Singh Padiyar, S/o late Shri Sundar Singh Padiyar, R/o Village Malideval Patti Juwa, District Tehri Garhwal, at present R/o Mata Mandir Dharampur, Dehradun.

....Petitioner AND:

1. State of Uttarakhand through Secretary Irrigation Department, Uttarakhand Govt. Dehradun.

2. THDC India Ltd. through its Chairman/ Managing Director Bhagiratipuram Tehri District Tehri Garhwal.

3. The Collector under the provision of Land Acquisition Act, Tehri, District Tehri Garhwal .....Respondents

with

Writ Petition (M/S) No. 375 of 2016

BETWEEN:

Nand Lal Nautiyal, S/o late Shri Natthi Lal, R/o Village Malideval Patti Juwa, District Tehri

Garhwal, at present R/o Village Block-Bhag-A Pashulok Rishikesh, District Dehradun.

....Petitioner

AND:

4. State of Uttarakhand through Secretary Irrigation Department, Uttarakhand Govt. Dehradun.

5. THDC India Ltd. through its Chairman/ Managing Director Bhagiratipuram Tehri District Tehri Garhwal.

6. The Collector under the provision of Land Acquisition Act, Tehri, District Tehri Garhwal .....Respondents with

Writ Petition (M/S) No. 376 of 2016

BETWEEN:

1. Manmohan Singh Panwar

2. Jagmohan Singh Panwar, Sons of late Shri Jai Singh Panwar, R/o Village Malideval Patti Juwa, District Tehri Garhwal, at present R/o T-Estate Banzarawala, Dehradun.

....Petitioner

AND:

1. State of Uttarakhand through Secretary Irrigation Department, Uttarakhand Govt. Dehradun.

2. THDC India Ltd. through its Chairman/ Managing Director Bhagiratipuram Tehri District Tehri Garhwal.

3. The Collector under the provision of Land Acquisition Act, Tehri, District Tehri Garhwal .....Respondents with

Writ Petition (M/S) No. 377 of 2016

BETWEEN:

Uttam Singh Panwar, S/o late Shri Prem Singh, R/o Village Malideval Patti Juwa, District Tehri Garhwal, at present R/o T-Estate Banzarawala, Dehradun.

....Petitioner

AND:

1. State of Uttarakhand through Secretary Irrigation Department, Uttarakhand Govt. Dehradun.

2. THDC India Ltd. through its Chairman/ Managing Director Bhagiratipuram Tehri District Tehri Garhwal.

3. The Collector under the provision of Land Acquisition Act, Tehri, District Tehri Garhwal .....Respondents

with

Writ Petition (M/S) No. 378 of 2016

BETWEEN:

1. Kunwar Singh Panwar

2. Kuldeep Singh Panwar

3. Kirti Singh Panwar

4. Kishore Singh Panwar All sons of late Shri Kalyan Singh Panwar @ Kaliya.

5. Virendra Singh

6. Pradeep Singh Panwar Petitioner no. 5 @ 6 Sons of late Shri Govind Singh Panwar, R/o Village Malideval Patti Juwa, District Tehri Garhwal, at present R/o 349, T-Estate Banzarawala, Dehradun.

....Petitioner

AND:

1. State of Uttarakhand through Secretary Irrigation Department, Uttarakhand Govt. Dehradun.

2. THDC India Ltd. through its Chairman/ Managing Director Bhagiratipuram Tehri District Tehri Garhwal.

3. The Collector under the provision of Land Acquisition Act, Tehri, District Tehri Garhwal .....Respondents

with

Writ Petition (M/S) No. 379 of 2016

BETWEEN:

1. Chatar Singh Padiyar

2. Bachan Singh Padiyar Sons of late Shri Surjan Singh Padiyar

3. Smt. Kokila Devi W/o late Shri Bhagwan Singh Panwar, R/o Village Malideval Patti Juwa, District Tehri Garhwal, at present R/o T-Estate Banzarawala, Dehradun.

....Petitioner

AND:

1. State of Uttarakhand through Secretary Irrigation Department, Uttarakhand Govt. Dehradun.

2. THDC India Ltd. through its Chairman/ Managing Director Bhagiratipuram Tehri District Tehri Garhwal.

3. The Collector under the provision of Land Acquisition Act, Tehri, District Tehri Garhwal .....Respondents

with

Writ Petition (M/S) No. 380 of 2016

BETWEEN:

Guddu Singh Panwar, S/o late Shri Murti Singh Panwar, R/o Village Malideval Patti Juwa, District Tehri Garhwal, at present R/o Banzarawala, Dehradun.

....Petitioner

AND:

1. State of Uttarakhand through Secretary Irrigation Department, Uttarakhand Govt. Dehradun.

2. THDC India Ltd. through its Chairman/ Managing Director Bhagiratipuram Tehri District Tehri Garhwal.

3. The Collector under the provision of Land Acquisition Act, Tehri, District Tehri Garhwal .....Respondents

with

Writ Petition (M/S) No. 381 of 2016

BETWEEN:

1. Kamal Singh Padiyar, S/o late Shri Shyam Singh Padiyar

2. Virendra Singh Padiyar

3. Amit Padiyar Sons of late Shri Chandan Singh Padiyar, R/o Village Malideval Patti Juwa, District Tehri Garhwal, at present R/o 471, T-Estate Banzarawala, Dehradun.

....Petitioner

AND:

1. State of Uttarakhand through Secretary Irrigation Department, Uttarakhand Govt. Dehradun.

2. THDC India Ltd. through its Chairman/ Managing Director Bhagiratipuram Tehri District Tehri Garhwal.

3. The Collector under the provision of Land Acquisition Act, Tehri, District Tehri Garhwal

.....Respondents

with

Writ Petition (M/S) No. 382 of 2016

BETWEEN:

Rishi Singh Rana, S/o late Shri Prithivi Singh Rana, R/o Village Malideval Patti Juwa, District Tehri Garhwal, at present R/o T-Estate Banzarawala, Dehradun.

....Petitioner

AND:

1. State of Uttarakhand through Secretary Irrigation Department, Uttarakhand Govt. Dehradun.

2. THDC India Ltd. through its Chairman/ Managing Director Bhagiratipuram Tehri District Tehri Garhwal.

3. The Collector under the provision of Land Acquisition Act, Tehri, District Tehri Garhwal .....Respondents

with

Writ Petition (M/S) No. 383 of 2016

BETWEEN:

Ramesh Singh, S/o late Shri Amar Singh Panwar @ Kidu, R/o Village Malideval Patti Juwa, District Tehri Garhwal, at present R/o T-Estate Banzarawala (256) Near Max School, Dehradun.

....Petitioner

AND:

1. State of Uttarakhand through Secretary Irrigation Department, Uttarakhand Govt. Dehradun.

2. THDC India Ltd. through its Chairman/ Managing Director Bhagiratipuram Tehri District Tehri Garhwal.

3. The Collector under the provision of Land Acquisition Act, Tehri, District Tehri Garhwal .....Respondents with

Writ Petition (M/S) No. 384 of 2016

BETWEEN:

Gaina Singh, S/o late Shri Jura Singh, R/o Village Malideval Patti Juwa, District Tehri Garhwal, at present R/o T-Estate Banzarawala, Dehradun.

....Petitioner

AND:

1. State of Uttarakhand through Secretary Irrigation Department, Uttarakhand Govt. Dehradun.

2. THDC India Ltd. through its Chairman/ Managing Director Bhagiratipuram Tehri District Tehri Garhwal.

3. The Collector under the provision of Land Acquisition Act, Tehri, District Tehri Garhwal .....Respondents

with

Writ Petition (M/S) No. 387 of 2016

BETWEEN:

Veni Prasad @ Vinod Kumar Washisht, S/o late Shri Bholaram @ Bhola Datt, R/o Village Malideval Patti Juwa, District Tehri Garhwal, at present R/o 44 Vishnu Vihar, Ajabpurkala Bypass Road, Dehradun.

....Petitioner

AND:

1. State of Uttarakhand through Secretary Irrigation Department, Uttarakhand Govt. Dehradun.

2. THDC India Ltd. through its Chairman/ Managing Director Bhagiratipuram Tehri District Tehri Garhwal.

3. The Collector under the provision of Land Acquisition Act, Tehri, District Tehri Garhwal .....Respondents with

Writ Petition (M/S) No. 388 of 2016

BETWEEN:

Mohan Singh Panwar, S/o late Ram Singh Panwar, R/o Village Malideval Patti Juwa, District Tehri Garhwal, at present R/o T-Estate Banzarawala, Dehradun.

....Petitioner

AND:

1. State of Uttarakhand through Secretary Irrigation Department, Uttarakhand Govt. Dehradun.

2. THDC India Ltd. through its Chairman/ Managing Director Bhagiratipuram Tehri District Tehri Garhwal.

3. The Collector under the provision of Land Acquisition Act, Tehri, District Tehri Garhwal .....Respondents

Writ Petition (M/S) No. 389 of 2016

BETWEEN:

Rajendra Singh Rana, S/o late Shri Raghunath Singh Rana, R/o Village Malideval Patti Juwa, District Tehri Garhwal, at present R/o 371, T-Estate Banzarawala, Dehradun.

....Petitioner

AND:

1. State of Uttarakhand through Secretary Irrigation Department, Uttarakhand Govt. Dehradun.

2. THDC India Ltd. through its Chairman/ Managing Director Bhagiratipuram Tehri District Tehri Garhwal.

3. The Collector under the provision of Land Acquisition Act, Tehri, District Tehri Garhwal .....Respondents with Writ Petition (M/S) No. 392 of 2016

BETWEEN:

1. Dilwar Singh Panwar

2. Chandan Singh Panwar

3. Keshar Singh Panwar Sons of late Shri Kripal Singh Panwar, R/o Village Malideval Patti Juwa, District Tehri Garhwal, at present R/o T-Estate Banzarawala, Dehradun.

....Petitioner

AND:

1. State of Uttarakhand through Secretary Irrigation Department, Uttarakhand Govt. Dehradun.

2. THDC India Ltd. through its Chairman/ Managing Director Bhagiratipuram Tehri District Tehri Garhwal.

3. The Collector under the provision of Land Acquisition Act, Tehri, District Tehri Garhwal .....Respondents

with Writ Petition (M/S) No. 398 of 2016

BETWEEN:

1. Kushlanand

2. Dharmdev

3. Rakesh Prasad

4. Bhanu Prasad

5. Laxmi Prasad Sons of Shri Kukruram alias Kamalnayan Smt. Kokila Devi

6. Bachiram

7. Sachidanand Sons of Juraram R/o Village Malideval Patti Juwa, District Tehri Garhwal, at present R/o Kushlanand Kanswal, Village Maroda Patti Juwa Post Koti Colony Vishvakarmapuram, Tehri Garhwal.

8. Madan Mohan

9. Pramod Sons of Shri Bachiram, Petitioner no. 8 & 9 R/o Village Malideval Patti Juwa, District Tehri Garhwal, at present R/o Kushlanand Kanswal, Village Maroda Patti Juwa Post Koti Colony Vishvakarmapuram, Tehri Garhwal.

....Petitioners

AND:

1. State of Uttarakhand through Secretary Irrigation Department, Uttarakhand Govt. Dehradun.

2. THDC India Ltd. through its Chairman/ Managing Director Bhagiratipuram Tehri District Tehri Garhwal.

3. The Collector under the provision of Land Acquisition Act, Tehri, District Tehri Garhwal .....Respondents with

Writ Petition (M/S) No.399 of 2016

BETWEEN:

Sachin Nautiyal, S/o late Shri Surendra Prasad Nautiyal, R/o Village Malideval Patti Juwa, District Tehri Garhwal At present R/o, T-Estate Banzarawala Dehradun.

....Petitioner

AND:

1. State of Uttarakhand, through Secretary Irrigation Department Uttarakhand Govt. Dehradun.

2. THDC India Ltd. through its Chairman/Managing Director Bhagiratipuram Tehri District Tehri Garhwal.

3. The Collector under the provision of Land Acquisition Act, Tehri District Tehri Garhwal .....Respondents

with

Writ Petition (M/S) No.401 of 2016

BETWEEN:

Guman Singh Panwar, S/o late Shri Mangal Singh Panwar, R/o Village Malideval Patti Juwa, District Tehri Garhwal At present R/o T-Estate Banzarawala Dehradun.

....Petitioner

AND:

1. State of Uttarakhand, through Secretary Irrigation Department Uttarakhand Govt. Dehradun.

2. THDC India Ltd. through its Chairman/Managing Director Bhagiratipuram Tehri District Tehri Garhwal.

3. The Collector under the provision of Land Acquisition Act, Tehri District Tehri Garhwal .....Respondents

with

Writ Petition (M/S) No.402 of 2016

BETWEEN:

Govind Singh Rana, S/o late Shri Raghunath Singh Rana, R/o Village Malideval Patti Juwa, District Tehri Garhwal

At present R/o 373, T-Estate Banzarawala Dehradun.

....Petitioner

AND:

1. State of Uttarakhand, through Secretary Irrigation Department Uttarakhand Govt. Dehradun.

2. THDC India Ltd. through its Chairman/Managing Director Bhagiratipuram Tehri District Tehri Garhwal.

3. The Collector under the provision of Land Acquisition Act, Tehri District Tehri Garhwal .....Respondents

with

Writ Petition (M/S) No.403 of 2016

BETWEEN:

1. Vinod Nautiyal

2. Virendra Nautiyal Sons of late Shri Asharam Nautiyal, R/o Village Malideval Patti Juwa, District Tehri Garhwal At present R/o T-Estate Banzarawala Dehradun.

....Petitioners

AND:

1. State of Uttarakhand, through Secretary Irrigation Department Uttarakhand Govt. Dehradun.

2. THDC India Ltd. through its Chairman/Managing Director Bhagiratipuram Tehri District Tehri Garhwal.

3. The Collector under the provision of Land Acquisition Act, Tehri District Tehri Garhwal .....Respondents

with

Writ Petition (M/S) No.404 of 2016

BETWEEN:

Kushal Singh Panwar S/o late Shri Jura Singh, R/o Village Malideval Patti Juwa, District Tehri Garhwal At present R/o T-Estate Banzarawala Dehradun.

....Petitioner

AND:

1. State of Uttarakhand, through Secretary Irrigation Department Uttarakhand Govt. Dehradun.

2. THDC India Ltd. through its Chairman/Managing Director Bhagiratipuram Tehri District Tehri Garhwal.

3. The Collector under the provision of Land Acquisition Act, Tehri District Tehri Garhwal

.....Respondents

with

Writ Petition (M/S) No.405 of 2016

BETWEEN:

Smt. Maya Devi W/o Shri Dwarika Prasad Uniyal, R/o Village Malideval Patti Juwa, District Tehri Garhwal At present R/o Village Dodamu Patti Udaikote, Post Kutta, District Tehri Garhwal.

....Petitioner

AND:

1. State of Uttarakhand, through Secretary Irrigation Department Uttarakhand Govt. Dehradun.

2. THDC India Ltd. through its Chairman/Managing Director Bhagiratipuram Tehri District Tehri Garhwal.

3. The Collector under the provision of Land Acquisition Act, Tehri District Tehri Garhwal .....Respondents

with

Writ Petition (M/S) No.406 of 2016

BETWEEN:

Smt. Rukmani Devi, W/o Shri Upendra Datt, R/o Village Malideval Patti Juwa, District Tehri Garhwal At present R/o T-Estate Banzarawala Dehradun.

....Petitioner

AND:

1. State of Uttarakhand, through Secretary Irrigation Department Uttarakhand Govt. Dehradun.

2. THDC India Ltd. through its Chairman/Managing Director Bhagiratipuram Tehri District Tehri Garhwal.

3. The Collector under the provision of Land Acquisition Act, Tehri District Tehri Garhwal .....Respondents

with

Writ Petition (M/S) No.407 of 2016

BETWEEN:

Dinesh Singh Panwar, S/o late Shri Amar Singh @ Kidu, R/o Village Malideval Patti Juwa, District Tehri Garhwal at present R/o THDC, Power House Bhagiratipuram Tehri.

....Petitioner

AND:

1. State of Uttarakhand, through Secretary Irrigation Department Uttarakhand Govt. Dehradun.

2. THDC India Ltd. through its Chairman/Managing Director Bhagiratipuram Tehri District Tehri Garhwal.

3. The Collector under the provision of Land Acquisition Act, Tehri District Tehri Garhwal .....Respondents

with

Writ Petition (M/S) No.411 of 2016

BETWEEN:

Yudhaveer Singh Rana, S/o late Shri Pirthivi Singh Rana, R/o Village Malideval Patti Juwa, District Tehri Garhwal At present R/o 376 7C. Extension Baurari New Tehri, District Tehri Garhwal.

....Petitioner (By Mr. Rajendra Dobhal, Senior Advocate, assisted by Mr. Devang Dobhal, Advocate)

AND:

1. State of Uttarakhand, through Secretary Irrigation Department Uttarakhand Govt. Dehradun.

2. THDC India Ltd. through its Chairman/Managing Director Bhagiratipuram Tehri District Tehri Garhwal.

3. The Collector under the provision of Land Acquisition Act, Tehri District Tehri Garhwal .....Respondents

(By Mr. M.S. Bisht, Brief Holder for the State of Uttarakhand and Mr. Shobhit Saharia, Advocate for T.H.D.C.)

ORDER

Since common questions of fact and law are involved in these writ petitions, therefore these petitions are clubbed together and are being heard & decided together. However, for the sake of convenience, facts of WPMS No. 346 of 2016 are being considered.

2. By means of WPMS No. 346 of 2016, petitioner has sought following reliefs:

"(a) Issue, Writ, Order or direction in the nature of certiorari call for the records and quash the order dated 13-10-2015 passed by the respondent No. 3 (Annexure No. 6) to this writ petition.

(b) Issue, Writ, Order or direction in the nature of mandamus commanding the respondents to consider the application filed on behalf of the petitioner u/s 28A of the Land Acquisition Act on merit."

3. Petitioner is resident of Village Malideval, Pargana Udaipur, Tehsil and District Tehri Garhwal. His land was acquired for Tehri Dam Project and compensation, as determined under Section 11 of Land Acquisition Act, 1894 was paid to him. Petitioner is aggrieved by the order passed by Collector, Tehri Garhwal, whereby petitioner's application under Section 28-A of Land Acquisition Act, 1894 for redetermination of compensation has been rejected.

4. The reason assigned for rejecting petitioner's application is that he made the application under Section 28-A after expiry of three months from the date of award. Thus, feeling aggrieved, petitioner has approached this Court.

5. It transpires that petitioner's land situate in Village Malideval, Patti Juwa, District Tehri Garhwal was required for Tehri Dam Project. Accordingly, a notification under Section 4 of Land Acquisition Act, 1894 was issued on 07.08.1993. Thereafter, notification under Section 6 of the said Act was issued on 10.09.1994. Ultimately, the Special Land Acquisition Officer gave its award on 31.03.2000. Some of the landowners, whose land was acquired and were dissatisfied by the amount of compensation determined by Collector, sought reference under Section 18 of the Land Acquisition Act, 1894. Upon

reference, Additional District Judge, Tehri Garhwal enhanced the compensation payable to the landowners by more than 10 times of the compensation as determined by the Collector. The judgment rendered by the Reference Court/Additional District Judge is dated 30.11.2004.

6. It is the contention of learned Senior Advocate for the petitioner that Tehri Hydro Development Corporation Limited (for short 'T.H.D.C.'), for whose benefit the land was acquired, filed First Appeals under Section 54 of Land Acquisition Act, 1894. It is contended by learned Senior Advocate for the petitioner that Division Bench of this Court passed an order of stay against the judgment of Reference Court and, ultimately, all the Appeals were dismissed by this Court vide judgment dated 06.09.2006. He further submits that T.H.D.C., thereafter, approached Hon'ble Supreme Court by filing S.L.Ps., which were converted to Civil Appeals and, ultimately, Hon'ble Supreme Court dismissed the Civil Appeals vide judgment dated 26.03.2014. Thus, it is the contention of learned Senior Advocate for the petitioner that as the judgment rendered by Reference Court attained finality only after dismissal of Civil Appeal by Hon'ble Supreme Court, therefore, the period of three months will start running only from the

date when Civil Appeals filed by T.H.D.C. were dismissed by Hon'ble Supreme Court.

7. It is an admitted position that application under Section 28-A was moved by the petitioner on 19.06.2014, much after dismissal of Appeals, by Hon'ble Supreme Court.

8. Since the controversy revolves around the provision contained in Section 28-A (1) of Land Acquisition Act, 1894, therefore, the same is reproduced below for ready reference:

"28-A. Re-determination of the amount of compensation on the basis of the award of the Court.-(1) Where in an award under this Part, the Court allows to the applicant any amount of compensation in excess of the amount awarded by the Collector under section 11, the persons interested in all the other land covered by the same notification under section 4, sub-section (1) and who are also aggrieved by the award of the Collector may, notwithstanding that they had not made an application to the Collector under section 18, by written application to the Collector within three months from the date of the award of the Court require that the amount of compensation payable to them may be re- determined on the basis of the amount of compensation awarded by the Court:

Provided that in computing the period of three months within which an application to the Collector shall be made under this sub- section, the day on which the award was pronounced and the time requisite for obtaining a copy of the award shall be excluded."

9. Plain reading of Sub-Section (1) of Section 28-A of the aforesaid Act reveals that the limitation period of three months shall start running from the date of award of the Court. Proviso to the said Section further clarifies that, while computing the period of three months, the day on which the award was pronounced and the time spent in obtaining certified copy of the award, shall be excluded.

10. Thus, it can be culled out from the aforesaid provision that, for the purpose of Section 28-A of the Act, limitation starts running from the date award was pronounced by the Reference Court. The date of dismissal of Appeal, against such award, filed by the Acquiring Body, is wholly irrelevant for computing the limitation period of three months.

11. In other words, the date, on which the award of Reference Court attained finality, has no relevance for computing period of limitation.

12. Hon'ble Supreme Court in the case of Popat Bahiru Govardhane and others Vs. Special Land Acquisition Officer and another, reported in (2013) 10 SCC 765, has held as under:

"13. This Court in Union of India & Ors. v.

Mangatu Ram & Ors. (supra); and Tota Ram v. State of U.P. & Ors. (supra), dealt with the issue involved herein and held that as the Land Acquisition Collector is not a court and

acts as a quasi judicial authority while making the award, the provisions of the Act 1963 would not apply and, therefore, the application under Section 28A of the Act, has to be filed within the period of limitation as prescribed under Section 28A of the Act. The said provisions require that an application for re-determination is to be filed within 3 months from the date of the award of the court. The proviso further provides that the period of limitation is to be calculated excluding the date on which the award is made and the time requisite for obtaining the copy of the award.

14. In State of A.P. & Anr. v. Marri Venkaiah & Ors. (Supra), this Court reconsidered the aforesaid judgments including the judgment in Raja Harish Chandra Raj Singh (supra) and held that the statute provides limitation of 3 months from the date of award by the court excluding the time required for obtaining the copy from the date of award. It has no relevance so far as the date of acquisition of knowledge by the applicant is concerned. In view of the express language of the statute, the question of knowledge did not arise and, therefore, the plea of the applicants that limitation of 3 months would begin from the date of knowledge, was clearly unsustainable and could not be accepted. The Court also rejected the contention of the applicants that a beneficial legislation should be given a liberal interpretation observing that whosoever wants to take advantage of the beneficial legislation has to be vigilant and has to take appropriate action within time limit prescribed under the statute. Such an applicant must at least be vigilant in making efforts to find out whether the other land owners have filed any reference application and if so, what is the result thereof. If that is not done then the law cannot help him. The ratio of the judgment in Raja Harish Chandra Raj Singh (supra) was held to be non- applicable in case of Section 28- A of the Act. The Court observed:

"11.......In that case, the Court interpreted the proviso to Section 18 of

the Act and held that clause (a) of the proviso was not applicable in the said case because the person making the application was not present or was not represented before the Collector at the time when he made his award. The Court also held that notice from the Collector under Section 12(2) was also not issued, therefore, that part of clause

(b) of the proviso would not be applicable. The Court, therefore, referred to the second part of the proviso which provides that such application can be made within six months from the date of the Collector's award. In the context of the scheme of Section 18 of the Act, the Court held that the award by the Land Acquisition Officer is an offer of market price by the State for purchase of the property. Hence, for the said offer, knowledge, actual or constructive, of the party affected by the award was an essential requirement of fair play and natural justice. Therefore, the second part of the proviso must mean the date when either the award was communicated to the party or was known by him either actually or constructively.

12. The aforesaid reasoning would not be applicable for interpretation of Section 28-A because there is no question of issuing notice to such an applicant as he is not a party to the reference proceeding before the court. The award passed by the court cannot be termed as an offer for market price for purchase of the land. There is no duty cast upon the court to issue notice to the landowners who have not initiated proceedings for enhancement of compensation by filing reference applications; maybe, that their lands are acquired by a common notification issued under Section 4 of the Act. As against this, under Section 18 it is the duty of the Collector to issue notice either under Section 12(2) of the Act at

the time of passing of the award or in any case the date to be pronounced before passing of the award and if this is not done then the period prescribed for filing application under Section 18 is six months from the date of the Collector's award."

15. In view of above, there is no occasion for us to consider the judgments cited at the bar on behalf of the appellants in support of its case. More so, the said judgments have been delivered by this Court while dealing with the applications under Section 18 of the Act. If there are directly applicable precedents on the issue, the same have to be followed rather than to search for a new interpretation unless it is established that the earlier judgments require reconsideration. The suggestion of reconsideration has specifically been rejected by this Court in Marri Venkaiah (supra).

16. It is a settled legal proposition that law of limitation may harshly affect a particular party but it has to be applied with all its rigour when the statute so prescribes. The Court has no power to extend the period of limitation on equitable grounds. The statutory provision may cause hardship or inconvenience to a particular party but the Court has no choice but to enforce it giving full effect to the same. The legal maxim "dura lex sed lex" which means "the law is hard but it is the law", stands attracted in such a situation. It has consistently been held that, "inconvenience is not" a decisive factor to be considered while interpreting a statute. "A result flowing from a statutory provision is never an evil. A Court has no power to ignore that provision to relieve what it considers a distress resulting from its operation.""

13. In view of the aforesaid legal position, there is no scope for interfere in the matter.

14. Accordingly, the writ petitions fail and are dismissed.

(MANOJ KUMAR TIWARI, J.) Arpan