NTPC LIMITED Vs. AMAR SINGH & ANOTHER

JUDGEMENT

(1.) If the claimant(s) are held legally entitled for rates, on uniform basis , irrespective of classification and category, then the increase in the amount of redetermination of the market value of the acquired land is only marginal. The rates stand increased from Rs. 4,35,447.26 to Rs. 5,00,000/- per bigha. The Collector himself observed that though the market value of the acquired land situate in Village Kayan, the village in question, could be Rs. 4,90,000/-, but required to be scaled down to Rs. 3,54,244/-, but however, in terms of award No.2 of 2002, Collector Land Acquisition, determined the market value of the acquired land awarding different rates, classification/category wise, ranging from Rs. 90,718.82 to Rs. 4,35,447.26 per bigha.

(2.) In terms of the impugned award dated 30.07.2010, passed by District Judge, Mandi, H.P., in Reference Petition No.163 of 2003, titled as Amar Singh Versus LAC, Kol Dam Project, Sunder Nagar, District Mandi and another, the Reference Court re-determined the market value of the entire acquired land, irrespective of its category/classification, by uniformly awarding a sum of Rs. 5,00,000/- per bigha and while doing so, it referred to and relied upon ten exemplar sale deeds, produced by the claimants as also exemplar award dated 17.01.2009 (Ex.PX), so passed by its Predecessor, whereby market value with respect to land acquired in Village Ropa, came to be determined @ Rs. 5,00,000/- per bigha. Undisputedly villages Ropa and Kayan are adjoining to each other.

(3.) Certain facts are not in dispute: