LAWS(HPH)-2016-1-96

NTPC LTD. AND OTHER Vs. KIRPA AND OTHERS

Decided On January 06, 2016
Ntpc Ltd. And Other Appellant
V/S
Kirpa And Others Respondents

JUDGEMENT

(1.) Since common questions of law and facts are involved in these regular first appeals, the same were taken up together for hearing and are being disposed of by a common judgment.

(2.) These regular first appeals are directed against the common judgment of the learned Presiding Officer, Fast Track Court, Mandi, Distt. Mandi, H.P., dated 17.1.2009 in Ref. Petition Nos. 78 of 2002, 74 of 2005, 82 of 2002, 76 of 2005, 79 of 2002, 75 of 2005, 83 of 2002, 77 of 2005, 81 of 2002, 132 of 2005, 80 of 2002, 133 of 2005, 89 of 2002, 134 of 2005, 88 of 2002, 135 of 2005, 87 of 2002, 137 of 2005, 84 of 2002, 136 of 2005, 85 of 2002, 138 of 2005, 86 of 2002, 139 of 2005.

(3.) "Key facts" necessary for the adjudication of these regular first appeals are that the notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) was issued on 7.12.2000. It was published in the Rajpatra on 12.12.2000. It was also published in the Newspapers "Amar Ujala" and "The Tribune" on 14.12.2000 and 15.12.2000, respectively. Public notice was issued on 8.1.2001. Consequently, notification under Sections 6 and 7 of the Act were issued on 23.4.2001 and published in Rajpatra on 12.5.2001. It was also published in two newspapers i.e. "Divya Himachal" and "Indian Express" on 2.5.2001. Notices under Section 9 of the Act were issued to the interested holders on 12.7.2001. The Land Acquisition Collector awarded a flat rate of Rs. 3,25, 528.37/- per bigha to the respondents claimants on 12.10.2001.