Disposed

Parma Nand v. State

Himachal Pradesh HC6 Sept 2017CWP/4533/2009

Case brief

AI extract

What is this about?

The Court disposed of connected writ petitions concerning land acquisition compensation. Parties settled on a fixed compensation rate of ₹8 lakhs per bigha for 246.16 bighas. The Court ordered the payment deposited with the Land Acquisition Collector for distribution to claimants and closed all related litigation.

What did the court decide?

The entire compensation amount to be deposited with the Land Acquisition Collector, invested, and released to claimants; all issues raised in petitions closed.

Parma Nand Vs State — Land Acquisition | Himachal Pradesh HC (2017)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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CWP No.661 of 2009 a/w CWP Nos.3719, 4533 of 2009 and CWP No.2431 of 2015.

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Date of decision: 6^thSeptember, 2017.
1.CWP No.661 of 2009.
Roop Chand and another .….Petitioners.
Versus
State of H.P. & others …..Respondents.
2.CWP No.3719 of 2009.
Durga Ram and others .….Petitioners.
Versus
State of H.P. & others …..Respondents.
3.CWP No.4533 of 2009.
Parma Nand .….Petitioner.
Versus
State of H.P. & others …..Respondents.
4.CWP No.2431 of 2015.
Dila Ram .….Petitioner.
Versus
State of H.P. & others …..Respondents.
*Coram*
The Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge. *Whether approved for reporting?*¹No
For the Petitioner(s) : Mr.Sanjeev Bhushan, Senior Advocate with Ms.Abhilasha Kaundal, Advocate, for the

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Whether the reporters of the local papers may be allowed to see the Judgment?Yes

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petitioners, in CWP Nos. 661 and 3719 of 2009.

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Mr.Lalit K.Sharma, Advocate, for the petitioner, in CWP No.4533 of 2009.

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Mr.Vishal Panwar and Mr.P.S.Goverdhan, Advocates, for the petitioner, in CWP No.2431 of 2015.

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For the Respondent :

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Ms.Meenakshi Sharma, Addl. A.G. with Mr.Neeraj K.Sharma, Dy. A.G., for respondents-State.

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Mr.R.Venkataramani, Senior Advocate with Mr.Surender Kumar Gupta and Mr.Sunil Mohan Goel, Advocates, for respondent No.4, in all the petitions.

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Tarlok Singh Chauhan, Judge (Oral).

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On 30.05.2017, this Court passed the following orders:-

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“This Court on 28.9.2016 had passed the following order:

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“Heard. The respondent No.4 has offered to pay to the petitioners the fair compensation of the land acquired, which will be handed over the settled amount. His statement is taken on record.

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In order to resolve the issue, let three representatives each of the petitioners and respondent No.4 Company and the Land Acquisition Collectorcum-Sub Divisional Officer (C), Arki, District Solan, alongwith Deputy Commissioner, Solan hold a meeting with the Principal Secretary(Revenue) in his chambers on 1^st October, 2016 at 11.00 A.M. Status report in this regard be submitted on or before the next date of hearing. It is made clear that the Principal Secretary (Revenue) if so desire is free to hold further meetings.

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CWP No. 2431 of 2015 be listed alongwith these petitions on 9^th November, 2016.”

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2. These petitions thereafter have been coming up repeatedly before this Court as the negotiations were underway.

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3. Today, with the intervention of the Court, the parties have finally settled the dispute whereby the

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respondent No.4 has agreed to pay a sum of ` 8,00,000/per bigha for the entire acquisition of 246.16 bighas, over and above the amount already paid to the claimants under award Nos. 1 and 2 of 2002, which otherwise form the subject matter of the instant petitions.

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4. However, since all the claimants, who are beneficiaries of the aforesaid awards are not before the Court, learned counsel for the petitioner(s) seeks time to place on record their affidavits undertaking therein their willingness to accept this amount without any reservation(s) whatsoever. Let the needful be done within two weeks.

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Needless to say that if the petitioners are entitled to any other benefit, which is not the subject matter of the award, they are at liberty to pursue their remedy in accordance with law.

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List on 13.6.2017.

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Dasti.”

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The petitions were listed before this Court from time to time. However, when the cases were taken up for consideration today, the parties were ad idem that the compensation for the entire land of 246.16 bighas should be deposited before the Land Acquisition Collector-cumSub Divisional Officer (C), Arki, District Solan, H.P., who shall then disburse the same strictly in accordance with the entitlement of each of the claimants and in terms of the order passed by this Court on 30.05.2017. Ordered accordingly.

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Let the entire compensation amount, as aforesaid, be deposited before the Land Acquisition Collector-cum-Sub Divisional Officer (C), Arki, District Solan, H.P., before 15^th September, 2017. In the event of such deposit, the Collector shall invest the said amount in shortterm with a Nationalized Bank. The Collector, on applications being made

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by the claimants and after enquiring into the same, shall thereafter release the amount in favour of the claimants strictly in accordance with this order read with order dated 30.05.2017.

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It is made clear that all the issues raised in these writ petitions and any other litigation pertaining to these awards shall stand closed.

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Mr.Lalit K.Sharma, Advocate, is permitted to file affidavit in the Registry.

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All the writ petitions are disposed of in the aforesaid terms, leaving the parties to bear their own costs. All pending applications stand disposed of.

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Registry is directed to place a copy of this judgment on the files of connected matters.

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( Tarlok Singh Chauhan), 6^th September, 2017. Judge.

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(krt )

Parma Nand v. State

Case brief

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Parma Nand v. State

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