SHANTI DEVI Vs. STATE OF H.P.

JUDGEMENT

(1.) SINCE the common questions of law and facts are involved in these petitions, the same are heard and disposed of by a common judgment.

(2.) THE brief facts necessary for the adjudication of the present petitions are that a notification under section 4 of the Land Acquisition Act, 1894 was issued on 25th April, 1992. The award was made on 31.7.1993 by the Land Acquisition Collector. A scheme named as Re-settlement and Rehabilitation of Oustees of Chamera Hydel Project (Grant of Land Scheme, 1992) was framed by the State of Himachal Pradesh which was notified on 5th March, 1993 vide Annexure PA. The scheme was framed under Rule 8-A of the H.P. Nautor Rules, 1968. According to the petitioners no land was granted to them but employment was provided to the affected families including the petitioners. The scheme of 1992 was revised on 16.11.2002 in High Power Committee to give alternative package in lieu of employment to the affected families i.e. Rs. 3 lakhs in case of Chamera Stage-I and Rs. 2.5 lakhs to the affected families in case of Chamera Stage-II. The revised scheme is placed on record of the paper books vide Annexure PB. Vide notification dated 5th July, 2003, a committee to re-assess the package to be released to the Chamera Stage-I and Chamera Stage-II oustees in lieu of employment to identify their actual status was constituted. The committee constituted pursuant to notification dated 5th July, 2003 in its meeting held on 19th July, 2003 had decided that team comprising of Revenue Officers be constituted and sent to reassess/re-examine all the cases at the spot i.e. in the concerned Mohal. The list on the basis of the report furnished by the Revenue Agency was to be finalized by 30th September, 2003.

(3.) THE learned counsel appearing on behalf of the respondents had argued that it was incumbent upon the persons concerned to file their claim or objection during the prescribed period of one month i.e. 1st July, 2004 to 31st July, 2004 if their names did not figure in the list of 192 persons or some persons were wrongly included in the list. I have heard the parties and perused the record.