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2018 DIGILAW 703 (HP)

NTPC Limited, Barmana, Bilaspur v. Sanjay Raj

2018-04-20

SANJAY KAROL

body2018
JUDGMENT Sanjay Karol, A.C.J —In this appeal, so filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) , the beneficiary(ies) of the acquisition proceedings have assailed the award dated 26.07.2011, passed by learned District Judge, Mandi, H.P., in Reference Petition No.82 of 2008, titled as Sanjay Raj & others vs. Land Acquisition Collector, Kol Dam Project, Barmana & another. 2. Undisputedly claimants'' land situate in village Jartu, Tehsil Sundernagar, District Mandi, H.P., came to be acquired for public purpose, namely, construction of Kol Dam. Acquisition proceedings commenced with the publication of notification issued under Section 4 of the Act on 23.04.2005. The Collector Land Acquisition passed his award No.74 of 2007. It is a matter of record that market value of the acquired land came to be assessed at different rates, classification/category wise ranging from Rs 76, 240/- to Rs 3, 43, 199/- per bigha. Aggrieved thereof, claimants filed land reference petition under Section 18 of the Act, seeking redetermination of the market value of the acquired land, which stands decided in terms of impugned award dated 26.07.2011, in terms whereof, the market value of the acquired land stands re-determined @ Rs 5, 00, 000/- per bigha, on uniform basis, irrespective of the classification and category of land. 3. It is not in dispute that appeal 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, stands decided by this Court vide judgment dated 13.12.2016, passed in RFA No. 594 of 2011, titled as NTPC Limited vs. Sher Singh & another. As such, the present appeal is squarely covered by the said decision, for the issues involved are identical. This fact is not disputed. As such, the present appeal stands disposed of, in terms of the said judgment. Directions issued in Sher Singh shall mutatis mutandis apply to the instant case also. Pending application(s) , if any, also stand disposed of accordingly.