The High Court dismissed an appeal against a reference court award fixing uniform compensation for land acquired for the Kol Dam Project. The court held that uniform valuation was supported by precedent and the land was fully utilized for construction, so the award was not perverse.
The appeal was dismissed and the award of the Reference Court was upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
RFA No. 183 of 2013
Date of Decision: 02.08.2018
NTPC Ltd. Kol Dam, Barmana, District Bilaspur, H.P. …Appellant.
Versus
Bhim Lal & others ..Respondents.
Coram:
The Hon’ble Mr. Justice Sanjay Karol, Acting Chief Justice. Whether approved for reporting?1 No.
For the Appellant: Mr. Kul Bhushan Khajuria, Advocate, for the appellant/NTPC.
For the Respondents: Mr. Ashok Sharma, Advocate General with Mr.Adarsh Sharma, Additional Advocate General & Ms.Svaneel Jaswal, Deputy Advocate General, for the respondent-State.
Sanjay Karol, ACJ (oral)
In this appeal, so filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act), the beneficiary(ies) of the acquisition proceedings have assailed the award dated 15.10.2012, passed by learned Additional District Judge, Solan, District Solan, H.P., in Land Reference No.24-S/4 of 2009, titled as Bhim Lal vs. The Land Acquisition Collector, NTPC (Kol Dam) Bilaspur & others.
1 Whether reporters of the local papers may be allowed to see the judgment?
2
Mangal, Tehsil Arki, District Solan, H.P., was acquired by the State for the beneficiary – NTPC Ltd. i.e. the present appellant.
3,87,383/- per bigha for cultivable land and 86,114/- per bigha for remaining classification of land.3
the Apex Court in its several judicial pronouncements. [Haridwar Development Authority vs. Raghubir Singh & others, (2010) 11 SCC 581; Union of India vs. Harinder Pal Singh and others 2005(12) SCC 564; Nelson Fernades vs. Special Land Acquisition Officer 2007(9) SCC 447; Gulabi and etc. Vs. State of H.P., AIR 1998 HP 9; H.P. Housing Board vs. Ram Lal & Ors. 2003(3) Shim. L.C. 64; and Executive Engineer & Anr. vs. Dilla Ram, Latest HLJ 2008 HP 1007.]
As such, present appeal stands dismissed. Pending application(s), if any, also stand disposed of accordingly.
August 2, 2018 (Purohit/PK)
(Sanjay Karol), Acting Chief Justice.
2 issues framed by the court
Whether a land acquisition reference court erred in awarding uniform compensation per bigha irrespective of land classification given total project utilization.
Whether the order of the reference court suffers from perversity, illegality, or lack of factual basis warranting appellate interference.
Colour shows how this judgement treated each authority
Haridwar Development Authority vs. Raghubir Singh & othersExplained¶20
(2010) 11 SCC 581 · Who else cites this
Union of India vs. Harinder Pal Singh and othersExplained¶20
2005(12) SCC 564 · Who else cites this
Nelson Fernades vs. Special Land Acquisition OfficerExplained¶20
2007(9) SCC 447 · Who else cites this
Gulabi and etc. Vs. State of H.P.Explained¶20
AIR 1998 HP 9 · Who else cites this
H.P. Housing Board vs. Ram Lal & Ors.Explained¶20
2003(3) Shim. L.C. 64
Executive Engineer & Anr. vs. Dilla RamExplained¶20
Latest HLJ 2008 HP 1007
1 provisions across 1 enactments
NTPC Ltd. Kol Dam
Bhim Lal & others
Sanjay Karol
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court