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2019 DIGILAW 1938 (HP)

Hp State Electricity Board Limited v. Gulat Ram (deceased) Through Lrs Hukam Chand

2019-12-17

TARLOK SINGH CHAUHAN

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JUDGMENT Tarlok Singh Chauhan, J. - CMP No. 7696 of 2019. Allowed as prayed for. The names of respondents No.3, 4 and 5 are ordered to be deleted from the array of the respondents. Application stands disposed of. RFA No. 223 of 2018. 2. The present appeal is covered by lot-C drawn by the judgment of a Co-ordinate Bench rendered in RFA No. 368 of 2014, titled The Himachal Pradesh Power Corporation Ltd. and Anr. vs. Narayan Singh and Ors. decided on 12.10.2018 or is proximate to the said Lot. 3. In this appeal filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act), the beneficiary(ies) have assailed the award dated 20.03.2018, passed by learned District Judge (Forests) Shimla, H.P. in Land Reference RBT No. 23-S/4 of 2015/12. 4. The parties are 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 vs. Narayan Singh and others and connected matters, decided on 12.10.2018 under caption Lot ''C''. 5. 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 para 103 of the aforesaid judgment, which reads as under: 103. The notification under Section 4 of the Act in appeals in Lot ''C'' was issued three years later than the notification issued in appeals in Lots ''A'' and ''B''. Therefore, in those appeals, land owners are entitled for addition at the rate of 12% to the value of the land determined in appeals in Lots ''A'' and ''B''. Hence, they are held entitled for compensation on the basis of value of land at the rate of Rs.3024/ per centiare alongwith consequential statutory benefits under the law. 6. Accordingly, the claimants are held entitled for compensation at the rate of Rs.3024/- per centiare alongwith consequential statutory benefits under the law. 7. The appeal stands disposed of in the aforesaid terms. CMP No. 13637 of 2019. 8. By medium of this application, the applicants/ respondents No. 6(i) to 6(iv) have sought release of an amount. 6. Accordingly, the claimants are held entitled for compensation at the rate of Rs.3024/- per centiare alongwith consequential statutory benefits under the law. 7. The appeal stands disposed of in the aforesaid terms. CMP No. 13637 of 2019. 8. By medium of this application, the applicants/ respondents No. 6(i) to 6(iv) have sought release of an amount. Since, the appeal stands disposed of, therefore, the amount lying in deposit in the Registry of this Court is ordered to be released in favour of the applicants/respondents No. 6(i) to 6(iv) as per their shares as mentioned in para-2 of the application by remitting the same to their respective bank accounts, the details whereof have also been given in para-2 of the application. Application stands disposed of. CMP No. 13638 of 2019. 9. By medium of this application, the applicants/ respondents have sought release of an amount. Since, the appeal has already been disposed of, therefore, the amount lying in deposit in the Registry of this Court is ordered to be released in favour of the applicants/respondents as per their shares as mentioned in para-2 of the application by remitting the same to their respective bank accounts, the details whereof have also been given in para-2 of the application. Application stands disposed of.