KRISHNI DEVI Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioners, numbering ten in all have filed this petition under Article 226 of the Constitution of India, praying for writ in the nature of mandamus directing the respondents not to interfere and damage the standing crops, trees, orchards, and houses at village Kasol, Tehsil Sadar, District Bilaspur, until and unless they are paid compensation equal to the market value of the property, under Article 31 -A of the Constitution of India and Section 17 of the Land Acquisition Act, 1894 and the order of this Honble Court dated 9.3.2004 (Annexure P/1) and for appointment of Local Commissioner to verify the actual facts or in the alternative since the acquisition has lapsed under Section 11 -A of the Land Acquisition Act, 1894 (for short the Act) therefore, the lands of the petitioners be taken out of acquisition and proceedings be quashed qua them.

(2.) It is the case of the petitioners that they are owners and in possession of the lands at village Kasol, Tehsil Sadar, District Bilaspur Secretary (Multipurpose Power and Project and Electricity) to the Government of H.P. respondent No. 1 herein issued Notification No. Vidyut -Chh -(5)254/2000 dated 23.11.2000 under Section 17(4) of the Act intending to acquire land measuring 1274 -15 bighas belonging to the petitioners and many other persons in village Kasol, Part -! Hadbast No. 113, Tehsil Sadar, District Bilaspur for public purpose, namely, construction of Koldam, Hydro Electric Project by National Thermal Power Corporation(N.T.P.C.) -respondent No. 4 herein Government of India undertaking. The said Notification was published in two News papers, namely Divya Himachal (Hindi Edition), Indian Express (English Edition) dated 27.11.2000 and in the official Gazette, Notification dated 23.11.2000 besides wide publicity has also been given in the village through Rapat Rojnamcha No. 133 dated 5.12.2000 by the Patwari Halqua Dhar Tatoh. The necessary measurement was got done to set out the boundaries of the land proposed to be acquired and plans were prepared in the presence of the land owners/interested persons and the representatives of the acquiring agency. The area was marked out and revenue papers of the land so measured were got prepared. The land intended to be acquired has been notified under emergency powers vesting under Section 17 of the Act, and the provisions of Section 5(A) of the Act1 were dispensed with.

(3.) The Land Acquisition Collector, H.P. State Electricity Board, Mandi -respondent No. 3 herein sent the case to respondent No. 1 to issue Notification under Sections 6 and 7 of the Act which was accordingly issued on 12.2.2001 for acquisition of 1144 -02 bighas of land of the estate right holders. There is no clear mention in the said Notification that the land in question is being acquired/was being acquired under the emergency powers vesting under Section 17 of the Act and accordingly a declaration under Section 7 of the Act was also made and the H.P. State Electricity Board was directed to take order for acquisition of the land and before making the award, take possession of non -cultivable and cultivable land on the expiration of 15 days from the publication of the notice under Section 9 of the Act.