ULTRA TECH CEMENT LTD Vs. MAST RAM

JUDGEMENT

(1.) Leave Granted.

(2.) This appeal arises from the order passed by the High Court of Himachal Pradesh at Shimla dtd. 12/7/2022 in Civil Writ Petition No. 2350/2018 filed by the Respondent Nos. 1 to 6 herein (original petitioners) by which the High Court allowed the writ petition and directed the Appellant herein to pay the requisite amount towards compensation as determined in the Supplementary Award dtd. 2/5/2022 passed by the Land Acquisition Collector, Arki ("LAC") (Respondent No. 10) in the first instance with liberty to recover the same from M/s Jaiprakash Associates Limited ("JAL") (Respondent No. 11) if permissible under the legal relationship between the two companies.

(3.) The State of Himachal Pradesh (Respondent No. 7) issued a notification dtd. 25/7/2008 under Sec. 4 of the Land Acquisition Act, 1894 (the "1894 Act") through its Department of Industries declaring its intention to acquire the subject land admeasuring 56-14 bigha, situated at Mauza Bhalag, Tehsil Arki, District Solan, Himachal Pradesh (the "subject land") in favour of Jaypee Himachal Cement project, a unit of JAL, invoking special powers in cases of urgency as provided under Sec. 17 of the 1894 Act. It appears that the purpose for acquiring the subject land was to create a safety zone surrounding the mining area. In other words, the subject land was situated in the vicinity of the leasehold area of the mining project and could not have been otherwise used for residential purposes or creation of any other structures. Subsequently notifications were also issued under Ss. 6 and 7 respectively of the 1894 Act.