SAT DEV SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) Would preface this judgment by referring to the observations made by the Hon'ble Supreme Court in Noida Entrepreneurs Association vs. Noida and others, 2011 6 SCC 508, wherein the Hon'ble Supreme Court observed as under:-

(2.) Similar sentiments have been expressed earlier and later to this decision and some of which shall be referred to during the course of this judgment.

(3.) Adverting to the facts, it would be noticed that the land of the petitioner was acquired by the Himachal Pradesh Power Corporation Ltd. (for short 'HPPCL) by way of negotiation vide sale deed dated 24.09.2009. The purpose of acquisition was for the construction of Renukaji Dam Project. Immediately after the execution of the sale deed the respondent-HPPCL issued a certificate of assurance in favour of the petitioner agreeing therein that in case the negotiated rates for the land being acquired for dam and reservoir area (sub mergence area) are enhanced the same rate would be paid to him. It was further stated in the assurance certificate that this undertaking was being given to ensure that those persons who come forward for sale of land voluntarily are not disadvantaged.