NTPC LIMITED Vs. STATE OF CHHATTISGARH AND ORS

JUDGEMENT

(1.) These two appeals arise from separate orders dated 1.1.2009 passed by the VIII th Additional District Judge (FTC) Bilaspur in Miscellaneous Case No. 32 of 2005 and 18 of 2007 respectively pursuant to a reference made by the Collector on an application by Respondent No. 3 under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act').

(2.) Since the facts and questions of law arising for consideration are common they have been heard together and are being disposed by a common order. As the Court is satisfied that both the appeals have to be remanded partially to the Court of District Judge, we shall take note of the facts of the case only to the extent necessary for the purposes of the present order and shall primarily notice them for convenience from First Appeal (M) No. 7 of 2009.

(3.) Land acquisition proceedings were conducted earlier leading to an award dated 11.12.2001. The lands were subsequently released. Fresh acquisition proceedings followed culminating in a new award dated 10.5.2002 granting compensation of Rs.14,91,014/- for 4.93 acres. The Respondent accepted the compensation under protest on 11.5.2002 and applied for Reference under Section 18 of the Act contending that 3.04 acres was capable of future residential use. The Reference was decided on 29.3.2007 in Miscellaneous Case No.38 of 2005 without hearing the Appellant. The Appellant preferred F.A (M) 84 of 2007.