NHPC LIMITED Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Janga Bahadur Chettri (being the private respondent no.4 herein) filed a writ petition before this Court seeking compensation of Rs.10,82,01,083.00 (Rupees ten crores, eighty-two lakhs, one thousand and eighty-three only) along with interest @ of 12% per annum against the State of Sikkim, District Collector, NHPC Limited (being the appellant herein) and the Secretary, Land Revenue and Disaster Management Department, Government of Sikkim. He complained that although his property was acquired, compensation had not been granted to him.

(2.) Admittedly, the acquisition proceedings had been initiated under the Land Acquisition Act, 1894 (the 1894 Act). Although, notice under Sec. 4, declaration under Sec. 6 and notice under Sec. 9 of the 1894 Act had been issued, no award under Sec. 11 of the said Act of 1894 had been passed.

(3.) In the meanwhile, on 1/1/2014, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (the 2013 Act) was brought into force in the whole of India including the State of Sikkim.