NTPC Limited Kol Dam Barmana, Distt. Bilaspur vs Chinta & another

CMP(M) Nos. 1674 and 1675 of 2017 in CO 352/13

For the reasons set out in the application, delay of 22 days in filing the application for bringing on record the legal representatives of Smt. Nagru Devi (Cross Objector/respondent No. 5) who expired on 17.8.2017, which in my considered view has sufficiently been explained, is condoned. The name of cross objector/respondent No. 5 is directed to be substituted with that of her legal representatives as per particulars mentioned in para 3 of the application [CMP(M) No. 1675 of 2017]. Abatement, if any, set aside. Amended memo of parties already on record. Applications stand disposed of. RFA No. 614/2012 a/w RFA No. 615/2012, RFA No. 616/2012 & C.O. No. 352/13 and RFA No. 617/2012.

In these appeals, so filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act), the beneficiary of the acquisition proceedings has assailed the common award dated 11.5.2012, passed by learned District Judge, Bilaspur, H.P., in Land Reference Pet. No. 1 of 2007, titled as Chinta vs. Land Acquisition Collector, Kol Dam Bilaspur, H.P. & another, alongwith other connected reference petitions. Also in one of the case the claimants have filed the Cross Objection against the said award.

Undisputedly claimants'' land situate in village Harnora, Tehsil Sadar, District Bilaspur, H.P. came to be acquired for public purpose namely construction of Kol Dam Hydro Electric Project. Acquisition proceedings commenced with the publication of notification issued under Section 4 of the Act on 18.10.2000. The Collector Land acquisition passed his award No. 5, dated 15.1.2003. It is a matter of record that market value of the acquired land came to be assessed at different rates, classification/category wise ranging from Rs.1,04,416/- to Rs.4,69,955/- per bigha. Aggrieved thereof, claimants filed land reference petitions under Section 18 of the Act, seeking re-determination of the market value of the acquired land, which stand decided in terms of impugned award dated 11.5.2012, in terms whereof, the market value of the acquired land stands redetermined @ Rs.4,69,955/- per bigha, on uniform basis, irrespective of the classification and category of land.

It is not in dispute that appeals arising out of similarly situated claimants as also very same acquisition proceedings, arising out of very same notifications under Sections 4 and 11 of the Act, already stand dismissed by this Court vide judgment dated 1.6.2017, passed in RFA No. 451 of 2012, titled as NTPC Ltd. vs. Brij Lal & another. The present Appeals as also the Cross Objections are squarely covered by the said decision. Such fact is not disputed. As such, as jointly prayed for, the present Appeals as also the Cross Objections stand disposed of, in terms of the said judgment. Directions issued in the aforesaid decision shall mutatis mutandis apply to the instant cases also. Pending application(s) if any, also stand disposed of accordingly.