RFA/198/2017 on 31 December 2019

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA RFA No. 464 of 2015 a/w RFA No. 198 of 2017

Date of decision: 31.12.2019. RFA No. 464 of 2015 Managing Director, HPPCL & Anr. …..Appellants. Versus Partap Singh & Ors.

…..Respondents. RFA No. 198 of 2017 HPPCL & Anr.

…..Appellants. Versus Kanwar Singh & Ors.

…..Respondents.

Coram

The Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge. Whether approved for reporting?1 No. For the Appellant(s): Mr. Vivek Negi, Advocate, for the appellant(s). For the Respondents: Mr. Ashok Sharma, Advocate General with Mr. Desh Raj Thakur, Addl. A.G and Mr. Narender Thakur, Dy. A.G. for the State. Mr. Ranvir Chauhan, Advocate, for respondents No. 1,4 to 10 and all proposed LRs of deceased respondents No. 2, 3 and 11 in RFA No. 464 of 2015 and for respondents No. 1, 2(a) to 2(c), 3 and 4 in RFA No. 198 of 2017. 1Whether the reporters of the local papers may be allowed to see the Judgment?Yes

Mr. T. S. Chauhan, Advocate, for respondent No. 5 in RFA No. 198 of 2017. Tarlok Singh Chauhan, Judge (Oral) RFA Nos. 16 & 205 of 2016 Delinked. CMP No. 15766 of 2019 By medium of this application, the applicants have sought release of the amount lying deposited in the Registry of this Court. The application is duly supported by the affidavit of one of the applicants. Accordingly, the same is allowed and the amount falling to their share alongwith upto date interest be released in their favour by remitting the same to their bank accounts, details whereof have been given in para-2 of the application. Application stands disposed of.

2. These appeals are being disposed of by a common judgment, since the same are covered by lot-C drawn by the judgment of Coordinate Bench rendered in RFA No. 368 of 2014, titled The Himachal Pradesh Power Corporation Ltd. & Anr. vs. Narayan Singh & Ors. decided on 12.10.2018 or are proximate to the said Lot.

3. In these appeals filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act), the beneficiary(ies) have assailed the award(s) dated 15.05.2015

passed in Land Ref. No. RBT No. 50-S/4 of 2014/12 and dated 11.12.2015 passed in Land Ref. No. RBT-44-R/4 of 2014/09.

4. The parties are further ad idem that the controversy involved in these appeals 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 appeals are allowed in terms of para 103 of the aforesaid judgment, which read 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. All the appeals stand disposed of in the aforesaid terms, so also pending application(s), if any. 31st December, 2019 (Tarlok Singh Chauhan) (sanjeev) Judge