Kamla D/O Shri Gurdittu vs NTPC Barmana, Tehsil And Others

Vivek Singh Thakur, J

In this case, land of appellants in Village Kasol, Tehsil Sadar, District Bilaspur, H.P. was acquired for public purpose of construction of Kol Dam in

District Bilaspur vide notification dated 23.11.2000, issued under Section 4 of the Land Acquisition Act (the Act) which was lastly published on

27.11.2000. After completing process, Land Acquisition Collector had assessed the market value of the land category wise ranging from Rs.1,04,416

to Rs.4,69,955/- per bigha.

In the reference petition No. 93 of 2007, titled Chuharu and others vs. The Land Acquisition Collector and Another filed by appellants/claimants,

Reference Court vide award dated 13.8.2012 passed in Land Reference Petition No. 98 of 2007, titled Santa and others Vs. The Land Acquisition

Collector and Another and other connected Reference Petitions, including Land Reference Petition No. 795 of 2007, titled Babu Ram Vs. The Land

Acquisition Collector and others, had determined uniform market value of the land at the rate of Rs.4,69,955/- per bigha irrespective of nature and

quality of the land along with statutory benefits.

Respondent NTPC had assailed some of awards passed by Reference Court in those Reference Petitions and one of those appeals was RFA No.

792 of 2018, titled NTPC Kol Dam Vs. Babu Ram and others was preferred against award passed in Land Reference Petition No. 95 of 2007, titled

Babu Ram and others Vs. The Land Acquisition Collector and Another. The award under challenge in present appeal is also the same common

award.

4 Appeals arising out of same acquisition proceedings initiated through one of the same notification issued under section 4 of the Act filed against

common award passed by Land Acquisition Collector, stand decided vide judgment dated 11.1.2017 passed in RFA No. 792 of 2012, titled NTPC Kol

Dam Vs. Babu Ram and others and on the basis of the said decision other appeals bearing RFA Nos. 885, 886, 887, 888, 889 and 890 of 2012 arising

out of the same award have been decided on 4.1.2018, wherein Cross-objections preferred by land owners/claimants have also been dismissed and

value of land as determined by Reference Court at the uniform rate of Rs.4,69,955/- per Bigha has been maintained. Thereafter similar appeal RFA

No. 884 of 2012 was also decided on the same terms vide judgment dated 2.3.2020.

The issue involved in present appeal is identical to the aforesaid appeals, which have been already decided and the said decision has attained

finality. In the light of aforesaid judgments, I do not find any ground for interfering in the award passed by Reference Court. Present appeal is

squarely covered by judgment passed in Babu Ram’s case supra and therefore, judgment passed in Babu Ram’s case supra shall apply

mutatis mutandis to the instant case also.

With the aforesaid observations the appeal stands disposed of.