NAND LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) These writ petitions have been filed by Nand Lal, Chaman Lal & Kamla Devi, petitioners in CWP No.1176 of 2018 and Babita Devi, petitioner in CWP No.1969 of 2018, praying that the respondents may be directed to grant compensation of the structure/ house(s) of the petitioners as per the valuation report prepared by the Civil Engineer, Sunni, vide Annexure P-6, and alternatively prayed for a direction to the respondents to pass an award as per the Land Acquisition Act, with a further prayer that the respondents be directed to implement the Rehabilitation and Resettlement Scheme (Annexure P-5), hereinafter referred to as the 'Scheme'. It is further prayed that respondents be also directed to release the monitory benefits to the petitioners to the tune of Rs.60,000.00 in the form of houseless grant and Rs.50,000.00 as landless grant and to provide independent house/plot with built up 50' x 40' provided in para 2.1.1. of the Scheme vide Annexure P-5.

(2.) Learned counsel for the petitioners has argued that respondent-NTPC had acquired the land adjoining the house of the petitioner in the year 2000 for construction of reservoir named as Kol Dam, which was completed about four years back in the year 2014. After the reservoir was filled to its capacity of 46 meters from the sea level, its water started seeping deep into the soil strata and the petitioners were facing imminent danger to their residential houses as well as to the lives of their family members. Even though the respondents have assessed/evaluated the structure of the house as per law/market value but they have not granted any benefit to the petitioners under the Scheme. The residential houses of the petitioners (in CWP No.1176 of 2018) are situated in Khasra No.1411/100 at village Thali, Post Office Sunni, Tehsil Karsog, District Mandi and (in CWP No.1969 of 2018) in Khasra No.1210/553 at Ward No.6, Near Mela Ground Sunni, Tehsil Sunni, District Shimla. Both these places are situated adjacent to river Satluj, therefore, its soil strata is a mix of sand and clay. The Koldam is a big water body, which is more than 30 Kilometers approximately in length along the bank of river Satluj. It has got immense water pressure, which has caused seepage deep into the adjoining land, thereby putting imminent danger to the residential house, human live and to livestock. The petitioners felt its adverse impact in the year 2015 when ground floor of their houses started showing small cracks which kept on widening with each passing year. The land, upon which the houses are constructed, also started showing signs of sinking and sliding.

(3.) Learned counsel submitted that under the directions of this Court, a Geological Survey Committee was constituted to assess the possible threats to existing properties/houses of project affected areas of Koldam in respect of Sub-Division Karsog and prepared the estimate amounting to Rs.5,64,081.00 of valuation of the house of the petitioners (in CWP No.1176 of 2018) and Rs.9,61,576.00 of the structure of the house of the petitioner (in CWP No.1969 of 2018), but the compensation amount as per Land Acquisition Act was not paid to the petitioners in that they were not paid 30% solatium, 12% additional amount on compensation and no benefits under Rehabilitation and Resettlement Scheme were granted to the petitioners. The petitioners were also not allotted the plots or land for construction of house. It is contended that Government of Himachal Pradesh issued a notification dtd. 8/12/2003 through F.C.-cum- Secretary (Revenue) to the Govt. of Himachal Pradesh, regarding allotment of plots to all the houseless families due to the constructions of the Kol Dam Hydro Power Project. Thereafter, Revenue Department issued another notification dtd. 20/5/2004 regarding amendment of the rules for the allotment of plots at resettlement colony of Kol Dam 2003 in the Department of Revenue (Project Cell) notified vide notification dtd. 8/12/2003.