IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA RFA No.30/2025. Date of Decision: 01st May 2025. Jangi (deceased) through his LR .....Appellant. Versus NTPC and others …..Respondents. Coram The Hon’ble Mr. Justice Bipin Chander Negi, Judge. Whether approved for reporting?1 For the Appellant : Mr. Abhishek Sharma, Advocate. For the Respondents: Mr. Jagdish Thakur, Advocate, for respondent No.1. : Respondents No.2 to 4 are stated to have expired. : Mr. Raj Kumar Negi, Additional Advocate General, for respondent No.5/State. Bipin Chander Negi, Judge (oral). The appeal in the case at hand is against the award dated 20.07.2011 passed by learned Additional District Judge, Ghumarwin, same is being taken up for adjudication with the consent of learned counsel representing the parties. 2. By way of aforesaid appeal filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act), challenge has been laid to award dated 20.07.2011 passed by learned Additional District Judge, Ghumarwin, in various Land Reference petitions as described in the award. 3. Undisputedly, the suit land belonging to claimants, situate in village Jamthal, Tehsil Sadar, District 1 Whether reporters of Local Papers may be allowed to see the judgment? YES 2 Bilaspur, H.P. came to be acquired for public purpose; namely; construction of Kol Dam Hydro Electric Project and acquisition proceedings commenced with the issuance of Notification under Section 4 of the Act on 06.09.2001. The Land Acquisition Collector (for short ‘LAC’) passed award No.21 of 2004 on 15.12.2004. It is not in dispute that market value of acquired land came to be determined/assessed on different rates, classification/ category-wise, ranging from Rs.94,905/- to Rs.4,26,792/- per bigha. 4. Claimants, being aggrieved and dissatisfied with the amount awarded by LAC, preferred reference petitions under Section 18 of the Act, seeking therein enhancement of compensation, however, fact remains that vide impugned award dated 20.07.2011 learned Additional District Judge, Ghumarwin, H.P. rejected the claim put forth by claimants for enhancement of compensation. 5. Being aggrieved and dissatisfied with the rejection of their claims for enhancement of original award passed by LAC vide award No.21 of 2004, dated 15.12.2004, claimants have approached this Court in the instant proceedings, laying therein challenge to award dated 20.07.2011, passed by learned Additional District Judge, Ghumarwin in the petitions having been filed under Section 18 of the Act. 6. It is not in dispute before this Court that similar situate claimants, whose land also came to be acquired for construction of 3 Kol Dam in the acquisition proceedings commenced with the publication of Notification issued under Section 4 of the Act on 06.09.2001, had filed land reference petitions before the learned District Judge, Bilaspur, praying therein to enhance the compensation awarded by LAC vide award No.21 of 2004, dated 15.12.2004. 7. As has been noticed above, LAC, while passing award No.21 of 2004, dated 15.12.2004, determined the market value of acquired land on different rates, classification/category-wise, ranging from Rs.94,905/- to Rs.4,26,792/- per bigha. However, fact remains that similar situated claimants, being dissatisfied with quantum of compensation awarded by LAC in its award No.21 of 2004, dated 15.12.2004, filed reference petitions under Section 18 of the Act and those reference petitions were clubbed and disposed of by a common award passed in Reference Petition No.130-4-2008, titled as Nikku Ram vs. Land Acquisition Collector, Kol Dam, Bilaspur and & Another, wherein the Reference Court re-determined the market value of entire land irrespective of its category/classification on uniform basis and awarded a sum of Rs.4,26,792/- per bigha. 8. Being aggrieved and dis-satisfied with the aforesaid award passed by learned District Judge, Bilaspur, respondent No.2 - N.T.P.C. filed RFA No.39 of 2015 a/w Cross Objection No.146 of 2016, titled as NTPC Limited Kol Dam, Barmana vs. Nikku Ram & Others, in this Court. 9. A Coordinate Bench of this Court vide judgment dated 12.01.2017, passed in aforesaid RFA No.39 of 2015, upheld the award dated 25.05.2014 passed by learned Additional District Judge, Ghumarwin in the aforesaid Reference Petition No.130-4-2008, 4 titled as Nikku Ram vs. Land Acquisition Collector, Kol Dam, Bilaspur and & Another and reiterated the market value of entire acquired land irrespective of its category and classification as done by Reference Court. 10. Ms. Veena Sharma, learned counsel representing the appellants, while placing reliance upon the aforesaid judgment dated 12.1.2017, passed in RFA No.39 of 2015, by the Coordinate Bench of this Court, contended that the appeals at hand also deserve to be disposed of in terms of aforesaid judgment because undisputedly claimants in the cases at hand along with the claimants who had filed Reference Petition No.130-4-2008, titled as Nikku Ram vs. Land Acquisition Collector, Kol Dam, Bilaspur and & Another, were awarded compensation vide common award No.21 of 2004. She further argued that since this Court had upheld the findings of Reference Court, returned in the aforesaid Reference Petition No.130- 4-2008, therefore, the claimants in the instant cases are also entitled to market value of entire acquired land irrespective of its category/classifications by uniformly awarding a highest sum of Rs.4,26,792/- per bigha. 11. Mr. Jagdish Thakur, learned counsel representing respondent No.1, while fairly acknowledging the factum with regard to passing of judgment dated 12.01.2017 in RFA No.39 of 2015, conceded that claimants in the cases at hand are also entitled to market value of acquired land @ Rs.4,26,792/- per bigha, which is highest rate awarded by the Collector and affirmed by the learned District Judge, Bilaspur in Reference Petition No.130-4-2008, titled as: Nikku Ram vs. Land Acquisition Collector, Kol Dam, Bilaspur and & 5 Another, which has further been upheld by this Court in RFA No.39 of 2015. 12. Consequently, in view of aforesaid discussion as well as fair stand adopted by Ms. Veena Sharma, learned counsel representing the appellants, the present appeal is disposed of and it is ordered that directions contained in RFA No.39 of 2015 a/w Cross Objection No.146 of 2016, titled NTPC Limited Kol Dam, Barmana vs. Nikku Ram & Others, shall mutatis mutandis apply to the present cases also. However, it is made clear that in terms of order dated 01.05.2025 passed in CMP(M) No. 500 of 2024 while condoning delay of 11 years 9 months & 29 days in filing of the present appeal, it had been made clear that the present appellant could not be entitled to any interest for the said period. 13. Respondent No.1 is directed to deposit the entire award amount in the Registry of this Court within a period of eight weeks from today. 14. Interim order, if any, is vacated. Appeal stands dispose of and so also the miscellaneous applications, if any. (Bipin Chander Negi) Judge 01st May, 2025 (Tarun)