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Uttarakhand High Court · body

2014 DIGILAW 234 (UTT)

Baldev Singh Gosain v. Uttarakhand Jal Vidyut Nigam

2014-05-27

ALOK SINGH

body2014
Judgment Alok Singh, J. Undisputedly, property of the petitioner was acquired for construction of Maneri Bhali Hydro-Electric Project in the year 1974; The petitioner was running from pillar to post to recover compensation; However, false promises were being extended to the petitioner; Meanwhile, entire project was handed over to Uttarakhand Jal Vidyut Nigam Ltd.; Now, Uttarakhand Jal Vidyut Nigam Ltd. is saying that liability to pay compensation must be fastened against the State Government, while stand of the State of Uttarakhand is that liability should be fastened with Jal Vidyut Nigam Ltd. 2. In the considered opinion of this Court, any citizen of India should not be deprived of his land or the property except by authority of law, as mandated by Article 300-A of the Constitution of India. If property is acquired, then, he should not be deprived from the compensation on the ground that liability to pass compensation is of one department and not of the another department. 3. In view of the fact that now Uttarakhand Jal Vidyut Nigam Ltd. is controlling and managing Maneri Bhali Hydro-Electric Project, therefore, respondent nos. 1, 2 & 3 should pay the compensation to the petitioner after calculating the same, in any case, within four weeks from today and, thereafter, respondent nos. 1, 2 & 3 may settle the dispute with respondent nos. 4 & 5. 4. Mr. Vinay Kumar, learned counsel appearing for respondent nos. 1, 2 & 3, submits that since record is not available with respondent nos. 1, 2 & 3, therefore, it would not be possible for respondent nos. 1, 2 & 3 to calculate the compensation. Submissions made by Mr. Vinay Kumar, learned counsel for respondent nos. 1, 2 & 3, on the face of it, are devoid of merit. The specific case of the petitioner is that his house situated in Khasra No. 1481 of village Tiloth, tehsil Bhatwari, District Uttarkashi was acquired, therefore, respondent nos. 1, 2 & 3 may take out the extracts of Khasra and Khatauni as well as revenue map from the Revenue Authorities to find out the location and the actual area of the property and, thereafter, calculate the compensation and pay the same to the petitioner along with solatium and interest. 5. In view of the discussion made hereinbefore, writ petition is allowed. Respondent nos. 5. In view of the discussion made hereinbefore, writ petition is allowed. Respondent nos. 1, 2 & 3 are commanded to calculate the compensation and to pay the same along with the solatium and interest to the petitioner within four weeks from today and, thereafter, respondent nos. 1, 2 & 3 shall be at liberty to get the inter se dispute decided between respondent nos. 1, 2 & 3 and respondent nos. 4 & 5. If compensation along with solatium and statutory interest is not paid within four weeks from today, then, the petitioner shall also be paid penal interest thereon at the rate of twelve per cent per annum from today till actual payment is released in favour of the petitioner.