LAND ACQUISITION COLLECTOR, HPSEB Vs. RANI RAJINDERA KUMARI

JUDGEMENT

(1.) This judgment will dispose of Regular First Appeals No. 243 of 1991, 156 of 1997 and 157 of 1997 as common questions of law and somewhat similar facts arise in these cases. Be it stated here that the impugned judgment in R.F.A. No. 243 of 1991 is of the Court of the then District Judge (Forest), Shimla, dated 23rd July, 1991, whereas the common impugned judgment in R.F.A. Nos. 156 and 157 of 1997 is that of Mr L.N. Sharma, District Judge, Kinnaur at Rampur Bushehar, dated 27th March, 1997. In so far as these two impugned judgments are concerned, the common thread which connects them is the fact that while rendering the Award in the references under Section 18 of the Land Acquisition Act, hereinafter called 'the Act', the District Judge, Kinnaur at Rampur Bushehar, has in substance awarded compensation at the same rate i.e. Rs. 5,000/- per blswa, as was awarded by the District Judge (Forest), Shimla, in the earlier references of the same Respondents.

(2.) The facts giving rise to R.F.A. No. 243 of 1991, as made out from the impugned judgment therein, are that land measuring 32-10 bighas in village Jhakri, Tehsil Rampur Bushehar, District Shimla, was acquired from the Respondent-land-owner, hereinafter to be referred to as 'the original claimant' by the H.P. State Electricity Board Nathpa Jhakri Unit, for construction of approach road to "Pachadda-Quarry" in the year 1987, through notification under Section 4 of the Act published on 29.1.1987. The Land Acquisition Collector announced his Award on 24.2.1989 whereby he assessed the compensation of the acquired land at the rate of Rs. 20,000/- per bigha. As usual, aggrieved against the said Award, the claimant applied for a reference to be made under Section 18 of the Act. In his claim petition it was stated that the market value of the acquired land was Rs. 1,40,000/- per bigha on the date of acquisition and, therefore, he was entitled to enhanced amount of compensation. It may be mentioned here that originally there was one single claimant, namely, Rajkumar Rajinder Singh, son of the erstwhile Ruler of State of Rampur Bushehar and the present claimants are his legal representatives and heirs, he having expired during the pendency of the protracted proceedings. It is in this background that the District Judge (Forest), Shimla, has given the impugned Award referred to above. The appeal has been filed by the Land Acquisition Collector, HPSEB, and the State of Himachal Pradesh through the Secretary (Electricity Board). It would be relevant and pertinent to mention at this stage also that during the pendency of the appeal the Nathpa Jhakari Power Corporation was added as Respondent No. 2 in the said appeal, which will be referred hereafter as 'NJPC'.

(3.) A perusal of the records of R.F.A. No. 243 of 1991 indicates that after it remained pending in this Court for aproximately seven years, an application under Order 41, Rule 27, Code of Civil Procedure was filed vide CMP No. 147 of 1998 on behalf of NJPC. Not resting content with the same, within a few months thereafter CMP No. 260 of 1998 was also filed by the same party i.e. NJPC (Respondent No. 2 in the appeal) under Order 6, Rule 17 read with Section 151, Code of Civil Procedure for amendment of the reply originally filed by the Land Acquisition Collector HPSEB and its Secretary to the reference petition preferred by the original claimant, Rajkumar Rajinder Singh, under Section 18 of the Act. In the application for production of additional evidence Under Order 41, Rule 27, Code of Civil Procedure reply and rejoinder have been filed by the concerned parties. In the subsequent application under Order 6, Rule 17, Code of Civil Procedure only a reply has been filed, but no rejoinder thereto has been filed on behalf of the NJPC.