Renuka Ji Dam Project, HPPCL Through Its Managing Director And Others vs Panno Devi And Others

Sandeep Sharma, J

Though all the above captioned appeals are directed against various awards passed by learned Court below, but since all these appeals pertain to same area and purpose of acquisition is also same, as such they were tagged together and were being heard together, with the consent of learned counsel representing the parties and are being disposed of vide common judgment.

By way of aforesaid appeals filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act), challenge has been laid to award(s) dated 15.5.2019 (in RFA's Nos. 371-374 of 2019) and award dated 5.11.2018 (in RFA's Nos. 35, 40, 41 and 42 of 2019 passed by learned District Judge, Sirmaur District at Nahan, in various Land Reference petitions as described in the award(s)..

Undisputedly, the suit land belonging to claimant(s), situate in Mohal Jaincha Majhal and Chamyana, Sub Tehsil Dadahu, District Sirnmaur, H.P., as detailed in the award(s), came to be acquired for public purpose; namely; construction of "Renuka Ji Dam and its submergence area" and acquisition proceedings commenced with the issuance of Notifications under Section 4 of the Act on 24.07.2009 and 16.6.2010 respectively. The Land Acquisition Collector (for short 'LAC') passed common award(s) No.703, dated 01.10.2012 and No. 607, dated 25.7.2012 and awarded compensation of the acquired land as per the classification and nature of the land mentioned in the award(s).

Claimants, being aggrieved and dissatisfied with the amount of compensation awarded by 'LAC', preferred reference petitions under Section 18 of the Act, before the learned District Judge, Sirmaur District at Nahan, seeking therein enhancement of compensation, awarded by the Land Acquisition Collector. Learned District Judge vide impugned awards, re-determined the market value of the acquired land and enhanced the same at the rate of Rs.7,00,000/- per bigha irrespective of nature and classification of land alongwith all statutory benefits as mentioned in the award(s).

The appellants being aggrieved and dis-satisfied with the aforesaid award(s) passed by the learned District Judge, Sirmaur District at Nahan, have approached this Court by way of above captioned appeals, praying therein to set-aside the award passed by the learned District Judge, Sirmaur at Nahan.

It is not in dispute before this Court that similar situate claimants, whose land also came to be acquired for construction of "Renuka Ji Dam and its submergence area" in the acquisition proceedings commenced with the publication of Notification issued under Section 4 of the Act, had filed land reference petitions before the learned District Judge, Sirmaur District at Nahan, praying therein to enhance the compensation awarded by 'LAC' in its awards No.703 & 704, dated 01.10.2012. Those reference petitions were clubbed and disposed of by common award(s) passed in Reference Petition No.2-LAC/4 of 2016, dated 05.11.2018, alongwith other connected matters, Reference Petition No.77-LAC/4 of 2015, dated 30.11.2018, alongwith other connected matters and Reference Petition No.64-LAC/4 of 2015, dated 07.05.2018, alongwith other connected matters, wherein the Reference Court re-determined the market value of entire land irrespective of classification and nature of the land on uniform basis and awarded a sum of Rs.7,00,000/- per bigha..

Being aggrieved and dissatisfied with the aforesaid award passed by learned District Judge, Sirmaur District at Nahan, the respondents in the aforesaid reference petitions, filed different appeals, which came to be disposed of by a Coordinate Bench of this Court vide judgment dated 09.12.2019 passed in RFA No.171 of 2016, titled as: LAC, HPPCL & Anr. vs. Kamal Dev & Ors by holding that Reference Court has rightly determined the enhanced market value of land at the rate of Rs.7,00,000/- per bigha, irrespective of nature and classification of land in its award(s) dated 05.11.2018, 30.11.2018 and 07.05.2018 respectively..

Shri Shashi Shirshoo, learned counsel, representing the parties in respective appeals, while fairly acknowledging the factum with regard to passing of judgment dated 09.12.2019 in Kamal Dev (supra), conceded that claimants-respondents in the case(s) at hand are also entitled for compensation at the rate of Rs.7,00,000/- per bigha irrespective of nature and classification of land as per the said judgment. Mr. Pawan Kumar Sharma, Ms. Shashikiran Negi and Mr. P.S. Kanwar learned counsel representing the claimants/respondents in respective cases, also acceded to the market value of the land determined in "Kamal Dev's case" (supra)..

Consequently, in view of detailed discussion made hereinabove as well as fair stand adopted by Shri Shashi Shirshoo, learned counsel representing the appellants, present appeals are dismissed and it is ordered that directions contained in Kamal Dev (supra), shall mutatis mutandis apply to the present cases also.

Appellants are directed to deposit the entire award amount in the Registry of this Court within a period of eight weeks from today, if not already deposited.

Interim order, if any, is vacated. All the miscellaneous applications are disposed of.