HPSEB LTD Vs. AMAR SINGH

JUDGEMENT

(1.) This appeal and its connected matters have arisen from common award dated 22.10.2011 passed by learned Addl. District Judge, Mandi, in Reference Petition No. 19 of 2007 and its connected references registered as reference petitions No. 2 to 16, 18, 22, 23, 20, 26 to 30, 33 to 37 of 2007, whereby while arriving at a conclusion that the compensation should have been determined and awarded at flat rates, irrespective of nature and category of the acquired land, has re-determined the market value thereof at flat rates i.e. Rs. 4,00,000/- per bigha and accordingly enhanced the compensation and awarded the same to the respondents herein (petitioners-claimants in the trial Court) together with all statutory benefits.

(2.) Since the legality and validity of the impugned award has been assailed on common grounds in all these appeals, therefore, the same were tagged for the purpose of hearing altogether and disposal by a common judgment in order to avoid repetition of facts and also the evidence available on record as well as conflicting findings.

(3.) The petitioners-claimants are residents of village (Mauja) Darat Bagla, PO Jalpehar, Tehsil Jogindernagar, Distt. Mandi. The appellant-Board (hereinafter referred to as the respondent) was in need of land in the said village for public purpose, namely, construction of 'Uhl Hydro Project, Stage-III'. The notification under Section 4 of the H.P. Land Acquisition Act (hereinafter referred to as the Act), issued by the Government of Himachal Pradesh on 4.7.2003 was published in Rajpatra and also in Hindi daily "Amar Ujala" and "Divya Himachal" in its issue dated 16.7.2003. Besides, wide publicity was also made in the locality on 7.8.2003. The notification under Section 6 of the Act was issued and published in Rajpatra on 19.6.2004 and also in two leading newspapers i.e. "Dainik Bhaskar" and "Amar Ujala" on 14.6.2004. Wide publicity in this regard was also made in the locality on 16.6.2004.