Special Leave Petition dismissed order concluding that since the underlying land acquisition award was finalised in a related appeal (RFA No. 792 of 2012), this appeal is closed resting judgment on previous findings.
Petition is closed by observing that the findings in the previously upheld appeal shall be construed to apply to the present appeal.
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 ON THE 2nd DAY OF AUGUST, 2022 BEFORE HON’BLE MR. JUSTICE AJAY MOHAN GOEL REGULAR FIRST APPEAL No.33 of 2022
Between:
1. SH. BABU RAM S/O SIHNU, RESIDENT OF VILLAGE KASOL, P.O. BOHAT KASOL, TEHSIL SADAR AND DISTRICT BILASPUR, H.P.
….APPELLANT.
(BY MR. TEK CHAND SHARMA, ADVOCATE)
AND
1. LAND ACQUISITION COLLECTOR, KOL DAM BILASPUR DISTRICT BILASPUR, H.P.
2. N.T.P.C. THROUGH ITS GENERAL MANAGER, KOL DAM, BARMANA PARGANA AND TEHSIL SADAR DISTRICT BILASPUR H.P
….RESPONDENTS.
3. SH. SHIV LAL, S/O SH. SUKH LAL,
4. SH. PREM LAL, S/O SH. SUKHLA, 5. SH. VIKAS S/O SH. RAM LAL,
2
6. SMT. RAMI DEVI, W/O SH. BHANDARI
7. SH. SEWA DASS, S/O SH. MOTI
8. SH. PARDEEP, S/O SH. KIRPA, ALL RESIDENT OF VILLAGE KASOL, P.O, BOHAT KASOL, TEHSIL SADAR AND DISTRICT BILASPUR, H.P
….. PROFORMA RESPONDENTS. (BY M/S DINESH THAKUR, SUMESH RAJ AND SANJEEV SOOD, ADDITIONAL ADVOCATES GENERAL WITH M/S AMIT DHUMAL, DEPUTY ADVOCATE GENERAL AND MANOJ BAGGA, ASSISTANT ADVOCATE GENERAL FOR RESPONDENT NO.1
MR. NEERAJ GUPTA, SENIOR ADVOCATE, WITH MR. AJIT JASWAL, ADVOCATE, FOR RESPONDENT NO.2
RESPONDENTS NO.3 TO 5 ARE ORDERED TO BE DELETED VIDE ORDER DATED 10.03.2022
MR. JANESH SHARMA, ADVOCATE, FOR RESPONDENT NO.6
MR. R.K. BANWAL, ADVOCATE, FOR RESPONDENTS No. 7 & 8.)
Whether approved for reporting ?1 No
This appeal coming on for orders this day, the Court
passed the following:
J U D G M E N T
When the appeal was taken up for consideration, learned Senior Counsel appearing for respondent No.2 apprises the Court
1
3
that the award in issue was earlier also assailed by way of RFA No. 792 of 2012 by NTPC, in which, cross objections were filed by the respondents therein seeking enhancement of the award announced by the learned Reference Court.
Miscellaneous applications, if any, also stand disposed
of.
August 02, 2022 (vinod)
(Ajay Mohan Goel) Judge
BABU RAM
LAND ACQUISITION COLLECTOR
N.T.P.C.
SH. SHIV LAL
SH. PREM LAL
SH. VIKAS
AJAY MOHAN GOEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
