NTPC Limited, Kol Dam, Barmana, Bilaspur v. Rebatu Devi
2018-05-05
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(ies) of the acquisition proceedings have assailed the award dated 24.09.2011, passed by learned Additional District Judge, Mandi, H.P. in Land Reference Petition No.213 of 2003, titled as Rebatu vs. The Land Acquisition Collector, Kol Dam Project, Hydro Electric Power Project (N.T.P.C) & another, alongwith connected matters. 2. Undisputedly claimants'' land situate in village Kayan, 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 19.12.2000. The Collector Land Acquisition passed his award No.2 of 2002, on 19.07.2002. 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 ''78508.87 to ''4, 35, 447.26 per bigha. Aggrieved thereof, claimants filed land reference petition under Section 18 of the Act, seeking re-determination of the market value of the acquired land, which stands decided in terms of impugned award dated 24.09.2011, in terms whereof, the market value of the acquired land stands re-determined @ ''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. 325 of 2010, titled as NTPC Limited vs. Shri Amar Singh & others. As such, the present appeals are squarely covered by the said decision, for the issues involved are identical. This fact is not disputed. As such, the present appeals stand disposed of, in terms of the said judgment. Directions issued in Amar Singh shall mutatis mutandis apply to the instant cases also. Pending application(s) , if any, also stand disposed of accordingly.