SH. AMAR SINGH SON OF SH. DEVI SINGH, RESIDENT OF VILLAGE THARI P.O. RAJGARH, TEHSIL AND DISTRICT CHAMBA, H.P. Vs. STATE OF HIMACHAL PRADESH THROUGH THE CHIEF SECRETARY, GOVERNMENT OF HIMACHAL PRADESH, SHIMLA AND ORS.

JUDGEMENT

(1.) SINCE common questions of law and facts are involved in all these petitions, the same were taken up together for hearing and are being disposed of by a common judgment. However, for clarity sake, facts of CWP No. 444/2009 have been taken into consideration. The Chamera Hydro Electric Project was visualized in the year 1982. Thereafter, the process for acquiring land was initiated by the respondent -State. The lands of the petitioners and similarly situate persons were acquired for the purpose of constructing Hydro Electric Project vide various awards made under the Land Acquisition Act, 1894. A scheme was also prepared called "Settlement and Rehabilitation of Oustees of Chamera Hydro Electric Project (grant of Land) Scheme, 1992, vide notification dated 5.3.1993. The State Government has also constituted a High Power Committee on 5.3.2003 to re -assess the package to be released to Chamera Hydro Electric Project Phase -I and Phase -II oustees in lieu of employment and to identify their actual status. Cases of the petitioners were not considered only on the ground that they have not filed objections between 1.7.2004 to 31.7.2004. Petitioners and similarly situate persons approached this Court by way of CWP No.374/2005 and CWP No. 411/2004. These writ petitions were decided on 12.6.2007 and 18.9.2007, respectively. The operative portion of the judgment rendered in CWP No. 374/2005 and other connected matters, reads thus:

(2.) SIMILAR petitions bearing CWP No. 411/2004 and other connected matters were also decided on 18.9.2007 on the basis of the judgment rendered by this Court in CWP No. 374 of 2005. Thereafter, the Deputy Commissioner passed order on 29.12.2007. The Deputy Commissioner, i.e. respondent No.2 rejected the cases of the petitioners and similarly situate persons.

(3.) MR . Rajinder Dogra, Addl. Advocate General, Mr. K.D. Shreedhar, Senior Advocate and Mr. Sandeep Sharma, Assistant Solicitor General of India have argued that the cases of the petitioners and similarly situate persons have rightly been considered by the Deputy Commissioner vide order dated 29.12.2007. They have also argued that National Policy was notified on 17.2.2004 and thus cannot be applied in the present case.