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2019 DIGILAW 1777 (HP)

H. P. P. C. L. v. Sishma

2019-11-25

TARLOK SINGH CHAUHAN

body2019
JUDGMENT : Tarlok Singh Chauhan, J. CMP No. 3252 of 2018 in RFA No. 177 of 2017 1. Allowed as prayed for. Smt. Shardha Devi is ordered to be arrayed as respondent No. 1(f). Application stands disposed of. CMP No. 1429 of 2018 in RFA No. 49 of 2018 2. Allowed as prayed for. Respondent No. 8 is ordered to be deleted from array of the respondents since her legal representatives are already on record as respondents No. 1 to 7. Application stands disposed of. 3. Learned counsel for the appellants is permitted to file amended memo of parties. 4. These appeals are being disposed of by a common judgment, since the same are covered under lot-B drawn by the judgment of Coordinate Bench rendered in RFA No. 368 of 2014, titled The Himachal Pradesh Power Corporation Ltd. and another v. Narayan Singh and others, decided on 12.10.2018 or are proximate to the same. 5. In these appeals filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act), the beneficiaries as also the claimants have assailed the award dated 10.11.2015, passed by Additional District Judge-II, Shimla, H.P., camp at Rohru in Land Reference No. RBT - 21-R/4 of 2014/09, dated 06.01.2016, passed by Additional District Judge-II, Shimla, Camp at Rohru, in Land Reference No. RBT-22-R/4 of 2015/09, dated 06.01.2016, passed by Additional District Judge-II, Shimla, Camp at Rohru, in Land Reference No. RBT- 45-R/4 of 2014/09, dated 01.07.2016, passed by Additional District Judge- II, Shimla, in Land Reference No. 55-S/4 of 2015/11, dated 09.10.2015, passed by Additional District Judge-II, Shimla, Camp at Rohru, in Land Reference No. RBT- 38-R/4 of 2014/09, dated 02.11.2016, passed by Additional District Judge-I, Shimla, in Land Reference No. 3-S/4 of 2016/12, dated 06.01.2016, passed by Additional District Judge-II, Shimla, Camp at Rohru, in Land Reference No. RBT-21-R/4 of 2015/09, dated 08.04.2016, passed by Additional District Judge-II, Shimla, Camp at Rohru, in Land Reference No. RBT-24-R/4 of 2015/09 and dated 06.01.2016, passed by Additional District Judge-II, Shimla, Camp at Rohru, in Land Reference No. RBT-41-R/4 of 2014/09. 6. 6. The parties are further ad idem that the controversy involved in this appeal is squarely covered by the judgment rendered by a co-ordinate Bench of this Court in RFA No. 368 of 2014, titled as The Himachal Pradesh Power Corporation Limited and another v. Narayan Singh and others and connected matters, decided on 12.10.2018 under caption Lot 'B'. 7. For the reasons stated in the aforesaid judgment rendered in RFA No. 368 of 2014, which shall be read as mutatis mutandis in the present case, the instant appeal is allowed in terms of paras 101 and 102 of the aforesaid judgment, which read as under: "101. Considering entire facts and circumstances and evidence, in case 45% deduction is made in the highest value of Rs. 4914/- then value of land will be at the rate of Rs. 2702/- per centiare, which is slightly higher than highest sale deed No. 365/2004. On deduction at the rate of 50%, it would be Rs. 2457/- which is lesser than highest value in exemplar sale deed No. 365/2004. Mean of these two values will be Rs. 2579/-, which is again less than the value arrived at on the basis of sale deed No. 365 of 2004. The value of land at the rate of Rs. 2702/- per centiare, arrived at after deduction of 45% is Rs. 4914/-, is slightly higher than the value of land at the rate of Rs. 2631/- per centiare arrived at on the basis of highest sale deed No. 365/2004, appears to be just and fair value of land. Therefore, it would be appropriate to determine value of acquired land at the rate of Rs. 2700/- per centiare. 102. In view of above discussion, land owners in appeals in Lots 'A' and 'B' are held entitled for compensation at the rate of Rs. 2700/- per centiare alongwith consequential statutory benefits under the law." 8. Accordingly, the claimants are held entitled for compensation at the rate of Rs. 2700/- per centiare alongwith consequential statutory benefits under the law. 9. All the appeals stand disposed of in the aforesaid terms, so also pending application(s), if any.