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2019 DIGILAW 1389 (HP)

Land Acquisition Collector, H. P. S. E. B. v. Rupinder Dhalta

2019-09-13

JYOTSNA REWAL DUA

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JUDGMENT : Jyotsna Rewal Dua, J. These appeals, arising out of Award dated 21.03.2015, passed by the Reference Court, i.e. learned Additional District Judge-I, Shimla, Camp at Rohru, H.P., passed in LAC Petition No.12-R/4 of 2009, titled Sh. Rupinder Dhalta and another versus State of H.P. & Others, have been preferred by reference petitioners and Project Proponent Beneficiaries. 2. Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act' in short), was issued on 06.08.2005 and last date of publication thereof was 22.10.2005. After completing all codal formalities under the Act, Land Acquisition Collector, had determined the value of the land vide Awards No.591 dated 11.02.2008. The said Award was assailed by the land owners by preferring Land References, referred to above, the awards passed wherein are impugned herein. 3. Land in present cases was acquired for construction of Sawra Kuddu Hydro Electric Project, situated in Up Mohal Virat Nagar, Tehsil Jubbal, District Shimla, H.P. 4. It is submitted by the learned counsel for the parties that present case is covered by the judgment dated 12.10.2018, passed by this Court in RFA No.368 of 2014, titled as The Himachal Pradesh Power Corporation Limited and another vs. Narayan Singh and others, and other connected appeals and considering the date of notification under Section 4 of the Act and that of passing of award by the Land Acquisition Collector, present cases are covered either in category Lot 'A' or in Lot 'B' as drawn by this Court in para-2 of judgment dated 12.10.2018, passed in RFA No.368 of 2014, and land owners, either falling in Lot 'A' or Lot 'B', are entitled for compensation @ Rs.2700 per centiare, alongwith consequential statutory benefits under law, as is evident from para-102 of the judgment, passed in RFA No.368 of 2014. 5. In Lot 'A' and Lot 'B', Section 4 Notifications under the Act were issued in the months of July and August, 2005 and last publications thereof were issued during the months of October and December, 2005. In instant cases, Section 4 Notification was issued in August, 2005 and last publication thereof was made in 22.10.2005, which is proximate to the dates of Lot 'A' and Lot 'B'. The land in all cases, pertaining to adjacent villages, was acquired for one and the same purpose. 6. In instant cases, Section 4 Notification was issued in August, 2005 and last publication thereof was made in 22.10.2005, which is proximate to the dates of Lot 'A' and Lot 'B'. The land in all cases, pertaining to adjacent villages, was acquired for one and the same purpose. 6. In view of the aforesaid facts and circumstances and keeping in view the submission of learned counsel for the parties, impugned award, in these appeals, is modified in terms of judgment dated 12.10.2018, passed in RFA No.368 of 2014, with observation that said judgment shall be applicable in the present cases mutatis mutandis, for all intent and purposes and land owners in present appeals, shall also be entitled for compensation @ Rs.2700/- per centiare alongwith consequential statutory benefits under law for the acquired land. Accordingly, appeal is disposed of in the aforesaid terms. Pending applications, if any, also stand disposed of.