NTPC Limited Kol Dam Hydro Power Project Limited v. Ram Dittu
2018-03-07
SANJAY KAROL
body2018
DigiLaw.ai
JUDGMENT Sanjay Karol, A.C.J —In these appeals, so filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) , the beneficiary of the acquisition proceedings has assailed the common award dated 12.7.2012, passed by learned District Judge, Bilaspur, H.P., in Land Reference No. 49 of 2007, titled as Ram Dittu vs. Land Acquisition Collector, Kol Dam, Bilaspur, H.P. & another, alongwith other connected reference petitions. Also in one of the case the claimant has filed the Cross Objection against the said award. 2. Undisputedly claimants'' land situate in village Kasol, Tehsil Sadar, District Bilaspur, H.P. came to be acquired for public purpose namely construction of Kol Dam Hydro Electric Project. Acquisition proceedings commenced with the publication of notification issued under Section 4 of the Act on 23.11.2000. The Collector Land acquisition passed his award No. 17 of 2004, dated 15.8.2004. It is a matter of record that market value of the acquired land came to be assessed at different rates, classification/category wise ranging fromRs 1, 04, 416/- toRs 4, 69, 955/- per bigha. Aggrieved thereof, claimants filed land reference petitions under Section 18 of the Act, seeking re-determination of the market value of the acquired land, which stand decided in terms of impugned award dated 12.07.2012, in terms whereof, the market value of the acquired land stands re-determined @Rs 4, 69, 955/- per bigha, on uniform basis, irrespective of the classification and category of land. 3. It is not in dispute that appeals arising out of similarly situated claimants as also very same acquisition proceedings, arising out of very same notifications under Sections 4 and 11 of the Act, already stand dismissed by this Court vide judgment dated 11.01.2017, passed in RFA No. 792 of 2012, titled as NTPC Ltd. Kol Dam vs. Babu Ram & another. The present Appeals as also the Cross Objection are squarely covered by the said decision. Such fact is not disputed. As such, as jointly prayed for, the present Appeals as also the Cross Objection stand disposed of, in terms of the said judgment. Directions issued in the aforesaid decision shall mutatis mutandis apply to the instant cases also. Pending application(s) if any, also stand disposed of accordingly. 4. This application is for release of amount of compensation in favour of the applicant. Learned counsel for the non-applicants have no objection for release of the amount.
Directions issued in the aforesaid decision shall mutatis mutandis apply to the instant cases also. Pending application(s) if any, also stand disposed of accordingly. 4. This application is for release of amount of compensation in favour of the applicant. Learned counsel for the non-applicants have no objection for release of the amount. As such, application is allowed and entire amount falling to the share of the applicant, alongwith up-to-date interest, is directed to be released in his favour. The amount be remitted directly into the bank accounts as per particulars mentioned in the application. If the applicant has already not disclosed, he shall file affidavit, disclosing the entire share-holding and the proportionate share to which he is entitled to. Upon furnishing of such affidavit, entire amount falling to the share of the applicant is directed to be released in his favour. Application stands disposed of.