NTPC LIMITED Vs. JAGDEV AND OTHERS

JUDGEMENT

(1.) This appeal and its connected matters have arisen from common award dated 26.07.2011 passed by learned District Judge, Mandi, in Reference Petition No. 20 of 2006 and its connected reference petitions No. 27, 28, 31 to 33, 37, 62 of 2003, 67, 70, 73, 77, 79, 81, 82, 86, 61, 43, 44, 46 to 49, 51, 53, 54, 56 of 2004, 16, 18, 19, 23, 26 and 33 of 2006, whereby while arriving at a conclusion that the compensation awarded 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. 5,00,000/- 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 are clubbed for hearing 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 Kayan, Post Office, Dhwal, Tehsil Sundernagar, District Mandi, H.P. The appellant-Board i.e. National Thermal Power Corporation in short 'NTPC' was in need of land in the said village for public purpose, namely, construction of 'Kol Dam Project' commonly known as 'Kol Dam'. The notification under Section 4 of the H.P. Land Acquisition Act (hereinafter referred to as the Act) bearing No. Vidyut-CH-(5)- 58/2000 dated 11.12.2000 was issued by the Secretary (Power) to the Government of Himachal Pradesh. The said notification was given wide publicity as per the mandate of the Act. Thereafter, all codal formalities prescribed under Sections 6, 7 and 8 were complied with by the respondent-Land Acquisition Collector-NTPC Limited (Kol Dam Hydro Project, Sundernagar), one of the respondents in these appeals.