Research › Search › Judgment

Himachal Pradesh High Court · body

2019 DIGILAW 1946 (HP)

H. P. Power Corp v. Mohan Lal

2019-12-18

TARLOK SINGH CHAUHAN

body2019
JUDGMENT Tarlok Singh Chauhan, J. - Rfa No. 210 of 2017, RFA No. 235 of 2019 and RFA No. 141 of 2016 Delinked. Be listed on 31.12.2019 alongwith other similar matters. RFA No. 366 of 2016 Delinked. In these appeals filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act), the beneficiary(ies) as well as some of the claimants have assailed the award(s) passed by learned Land Reference Court below. 2. 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 vs. Narayan Singh and others and connected matters, decided on 12.10.2018 either under caption Lot ''A'' or Lot ''B''. 3. 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 appeals are 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." 4. 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." 4. Accordingly, the impugned award are modified and claimants are held entitled for compensation at the rate of Rs.2700/- per centiare alongwith consequential statutory benefits under the law. 5. All the appeals stand disposed of in the aforesaid terms, so also pending application(s), if any.