Research › Search › Judgment

Himachal Pradesh High Court · body

2019 DIGILAW 1618 (HP)

Rupinder Dhalta v. State of H. P.

2019-10-25

JYOTSNA REWAL DUA

body2019
JUDGMENT : Jyotsna Rewal Dua, J. 1. This appeal 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 v. State of H.P. & Others, has been preferred by reference petitioners. 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. Naryan 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 case is covered either in category Lot 'A' or '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 'B' are entitled for compensation @ 2700 per centiare, along with 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' or 'B', Section 4 of Notification under the Act was issued in the months of July and August, 2005 and last publication thereof was issued during months of October and December, 2005. In the instant case, Section 4 of Notification was issued on August 2005 and last publication thereof was made in 22.10.2005, which is proximate to the dates of Lot 'A' or 'B'. The land in all cases, pertaining to adjacent villages, was acquired for one and the same purpose. 6. In the instant case, Section 4 of Notification was issued on August 2005 and last publication thereof was made in 22.10.2005, which is proximate to the dates of Lot 'A' or '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 case mutatis mutandis, for all intent and purposes and land owners in present appeal, shall also be entitled for compensation @ 2700 per centiare along with consequential statutory benefits under law for the acquired land, as has already been held in RFA No. 368 of 2016, titled as LAC, HPSEB & another vs. Rupinder Dhalta & others, arising out of the same award. Accordingly, appeal is disposed of in the aforesaid terms. Pending application(s), if any, also stand disposed of.