Himachal Pradesh High Court
RFA/163/2018 of COLLECTOR LAND ACQUISITION Vs KHEM RAJ on 31 December 2021
HIGH COURT OF HIMACHAL PRADESH, SHIMLA ON THE 31st DAY OF DECEMBER, 2021 BEFORE HON’BLE MR. JUSTICE AJAY MOHAN GOEL REGULAR FIRST APPEAL No.163 of 2018 Between: 1. COLLECTOR LAND ACQUISITION (HPPCL) SAINJ HYDRO ELECTRIC PROJECT UTTAM BHAWAN, NEAR 103 TUNNEL, SHIMLA-171004 (HP). 2. GENERAL
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ON THE 31[st] DAY OF DECEMBER, 2021
BEFORE
HON’BLE MR. JUSTICE AJAY MOHAN GOEL REGULAR FIRST APPEAL No.163 of 2018
Between:
1. COLLECTOR LAND ACQUISITION (HPPCL) SAINJ HYDRO ELECTRIC PROJECT UTTAM BHAWAN, NEAR 103 TUNNEL, SHIMLA-171004 (HP).2. GENERAL MANAGER, SAINJ HYDRO ELECTRIC PROJECT (HPPCL) SHARABAI DISTRICT KULLU (HP).
….APPELLANTS.
(BY. MR. JANESH GUPTA, ADVOCATE )
AND
1. SHRI KHEM RAJ, SON OF SHRI MOHAR SINGH, RESIDENT OF VILLAGE KARTAH, PHATI SUCHEN KOTHI BANOGI SUB TEHSIL SAINJ, DISTRICT KULLU (HP).
2. COLLECTOR, DISTRICT KULLU (HP).
KULLU,
….RESPONDENT.
….. PROFORMA RESPONDENT.
(BY. MR. NAVEEN K. BHARDWAJ, ADVOCATE, FOR RESPONDENT NO.1.
MR. ASHOK SHARMA, ADVOCATE GENERAL, WITH MR. ADARSH SHARMA, MR. SUMESH RAJ AND MR. SANJEEV SOOD, ADDITIONAL ADVOCATES GENERAL, FOR RESPONDENT NO.2)
Whether approved for reporting?[1] No
This appeal coming on for orders this day, the Court passed the following:
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J U D G M E N T
Learned counsel for the parties are ad idem that this appeal is squarely covered by the judgment passed by the Hon’ble Coordinate Bench of this Court in RFA No. 902 of 2012, titled as The Land Acquisition Collector & another Versus Sh. Ram Lal & others, alongwith other connected matters, decided on 30.08.2017 and this appeal be disposed of with the direction that the findings so returned by the Co-ordinate Bench of this Court in RFA No. 902 of 2012, decided on 30.08.2017 shall mutatis mutandisapply to this appeal also.
2. Accordingly, this appeal is disposed of with the direction that the findings returned by the Co-ordinate Bench of this Court in RFA No. 902 of 2012, decided on 30.08.2017, shall mutatis mutandis apply to this appeal also and all directions so issued by
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the Co-ordinate Bench shall be construed as having been issued in this appeal also.
Miscellaneous applications, if any, also stand disposed of. Interim order, if any, stands vacated.
December 31, 2021 (vinod)
(Ajay Mohan Goel) Judge