RFA/268/2015 of DESH RAJ Vs THE LAND ACQUISITION COLLECTOR on 31 December 2021

J U D G M E N T

Instant instant appeal under Section 54 of the LandAcquisition Act has been preferred against the award dated30.03.2013 passed by learned Additional District Judge (FastTrack Court), Ghumarwin, District Bilaspur in Land ReferenceNo. 24-4 of 2007.

2. The grievance of the appellant is that value of hishouses was determined at low level and without taking intoconsideration relevant parameters. The appellant has claimedenhancement in amount of compensation to the tune ofRs. 1,40,000/- alongwith solatium and up to date statutoryinterest by setting aside the award dated 30.3.2013 on accountof superstructures and houses.

3. The respondent-NTPC preferred Regular FirstAppeal against award dated 26.9.2011 passed by the DistrictJudge, Bilaspur in Reference Petition No. 37 of 2005. The appeal bearing RFA No. 41 of 2012, titled NTPC Ltd. Kol Damvs. Ram Rakhi & another alongwith Cross Objections No. 369of 2013 filed therein was decided by a Coordinate Bench of thisCourt vide judgment dated 11.1.2017. The Cross Objector inRam Rakhi’s case had prayed for enhancement ofcompensation for the superstructure. The appeal as well asCross objections were dismissed vide this judgment, relevant paras of which read as under:

“29. Insofar as the claim with regard to the superstructureis concerned, one finds the Reference Court to have aptlydealt with the issue in paragraph 37 of the impugnedAward. From bare perusal of paragraph 37, it is quiteapparent that no evidence with regard to superstructure,worthy of credence was led by the parties. Hence in theabsence of any other evidence on record, it cannot be saidthat the Reference Court erred in re-determining themarket value of the acquired land and awarding rates onuniform basis irrespective of its classification.

34. Cross-objection/cross-appeals stand rejected inview of the aforesaid discussion, more so, for the reasonthat no evidence other than the one discussedhereinabove, was brought to the notice of the Court.

35. Quite evidently, in terms of award No.5 of 2003, sopassed by the Collector, several land reference petitionscame to be clubbed and disposed of by the commonimpugned award dated 26.09.2011, passed by DistrictJudge, Bilaspur, H.P., in Reference Petition No.37 of 2005titled as Ram Rakhi Versus Land Acquisition Collector, Kol Dam, Bilaspur and another. Common evidence was led bythe parties in land Reference Petition No.33 of 2005.Learned counsel for the parties jointly submit that decisionrendered in the present appeal would have an automaticbearing on the other connected appeals, arising out of thevery same impugned award, pending before this Court.Registrar (Judicial) to take appropriate instructions fromHon’ble the Chief Justice for listing of such connectedappeals, before the appropriate Court particulars whereofshall also be supplied by learned counsel for the parties.”

4. Land Reference Petition No. 24-4 of 2007 fromwhich instant appeal arises was decided alongwith variousother connected matters by the learned Reference Court on30.3.2013. All these petitions were consolidated by theReference Court on 24.4.2010. The respondent-NTPC filed aset of Regular First Appeals arising out of common award dated30.3.2013. These appeals were decided on 1.12.2017 withlead case RFA No. 4010 of 2013, titled NTPC Limited Kol DamHydro Power Project versus Mohinder & others. In this bunchof appeals, one of the matter was RFA No. 4016 of 2013,titled NTPC Limited Kol Dam Hydro Power Project versus LalaRam & Others, wherein Cross Objections No. 65 of 2017 werealso preferred. In these Cross Objections, the award wasassailed by the landowners on the ground that compensation qua the superstructure and houses situated over the land wasnot enhanced by the Reference Court. Some of the groundstaken in the Cross Objections for assailing the award dated 30.3.2013 are extracted hereinafter:

“(b) That the Ld. court below has not enhanced thecompensation qua the fruit bearing trees, trees andhouses situated over the land under acquisition hence, onthis account also impugned award deserves to bemodified by enhancing the same.

(f) That the learned Reference Court has denied theenhancement of compensation qua the houses and otherstructures on untenable grounds. It is worthwhile to submitthat in the subsequent awards passed by the learnedReference Court, particularly in the award dated 30.7.2013passed in Reference Petitions Nos.227 of 2008 and otherconnected matters, the learned District Judge has grantedenhancement of compensation qua the structures on thebasis of similar evidence. In these circumstances, thedenial of enhancement of compensation qua thestructures of the Objectors is untenable and the Objectorsare entitled for enhancement of the compensation asclaimed in the Reference petition, hence, the impugnedaward is liable to be modified by enhancement ofcompensation.

3. That 996 biswas of land owned by the cross objectorswas acquired for the purposes of NTPC Kol Dam Project.As such, keeping in view the claim of the cross-objectorsfor enhancement to the tune of Rs. 26443800/-,court feeof is being affixed. The Objectors/Claimants have been denied enhancement of compensation qua the housesand other structures. The Obejctors are collectivelyclaiming enhancement on this account to the tune ofRs.525319/- and Court fees of Rs. is being affixedaccordingly. The total claim of the claimants on both thesecounts is to the tune of Rs.26969119/- and a court fees ofRs. 272360 is being affixed.”

On considering the Cross Objections alongwith thebunch of the Regular First Appeals preferred by the NTPC, theappeals and well as Cross Objections were dismissed videfollowing judgment dated 1.12.2017:

“In these appeals, so filed under Section 54 of the LandAcquisition Act, 1894 (hereinafter referred to as the Act),the beneficiary of the acquisition proceedings has assailedthe common award dated 30.3.2013, passed by learnedAdditional District Judge (Fast Track Court), Ghumarwin,Distt. Bilaspur, H.P. (Camp at Bilaspur), in Land ReferenceNo. 15-4 of 2008, titled as Mohinder & others vs. LandAcquisition Collector, Kol Dam, Bilaspur, H.P. & others,alongwith other connected matters. Also in one of the casethe claimant has filed the Cross Objection against the saidaward.

2. It is not in dispute that appeals arising out of similarlysituated claimants as also very same acquisitionproceedings, arising out of very same notifications underSections 4 and 11 of the Act, already stand dismissed bythis Court vide judgment dated 11.01.2017, passed in RFANo. 41 of 2012, titled as NTPC Ltd. Kol Dam vs. RamRakhi & another. The present Appeals as also the Cross Objection are squarely covered by the said decision. Suchfact is not disputed. As such, as jointly prayed for, thepresent Appeals as also the Cross Objection standdisposed of, in terms of the said judgment. Directionsissued in the aforesaid decision shall mutatis mutandisapply to the instant cases also. Pending application(s) ifany, also stand disposed of accordingly.”

The appeals preferred by the respondent-NTPCagainst the award dated 30.3.2013 have already beendismissed by the Coordinate Bench of this Court vide judgmentdated 1.12.2017 passed in RFA No. 4010 of 2013, titled NTPCLtd. Kol Dam, Hydro Power Project versus Mohinder & othersand other connected appeals. The Cross Objections preferredby the respondents/landowners in RFA No. 4016 of 2013, titledNTPC Ltd. vs. Lala Ram claiming enhancement ofcompensation for the houses and superstructures have alsobeen dismissed vide the common judgment dated 1.12.2017following the ratio of judgment passed in Ram Rakhi’s case(RFA No. 41 of 2012). Instant appeal arises out of commonaward dated 30.3.2013 which was in question in the bunch ofappeals and Cross Objections(referred earlier). The appellantclaims enhancement of compensation for houses andsuperstructures on the grounds which have already been adjudicated against the landowners in previous judgments.Therefore, following the ratio of judgment dated 11.1.2017delivered in RFA No. 41 of 2012, titled NTPC vs. Ram Rakhi aswell the judgment dated 1.12.2017 delivered in bunch ofRegular First Appeals with lead case RFA No. 4010 of 2013,titled NTPC vs. Mohinder & others alongwith Cross ObjectionsNo. 65 of 2017 filed in RFA No. 4016 of 2013, titled NTPC vs.Lala Ram, instant appeal is also dismissed. Directions issuedin the aforesaid decision shall mutatis mutandis apply to theinstant cases also. Pending application(s), if any, also standdisposed of.

31[st] December, 2021 (vs)

Jyotsna Rewal Dua Judge