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2025 DAILYLAW 32785 (HP)

SATISH KUMAR AND ANOTHER v. STATE OF HP AND OTHERS

EX.P./1306/2024 · 2025-11-03

Gurmeet Singh Sandhawalia, Ranjan Sharma

Transfer Petitionbody2025

Judgment text

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1 2025:HHC:37070 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA LPA No. 716 of 2025 a/w Ex. Petition No. 1306 of 2022. Date of decision: 03.11.2025. ________________________________________________________ 1. LPA No. 716 of 2025 NTPC Limited …..Appellant Versus State of Himachal Pradesh & others …Respondents _______________________________________________________ 2. Ex. Petition No.1306 of 2024 Satish Kumar & another …..Petitioners Versus State of Himachal Pradesh & others …..Respondents ________________________________________________________ Coram: The Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice. The Hon’ble Mr. Justice Ranjan Sharma, Judge. Whether approved for reporting?1 ________________________________________________________ 1 Whether the reporters of Local Papers may be allowed to see the judgment? 2 LPA No. 716 of 2025 For the Appellant: Mr. Neeraj Gupta, Senior Advocate with Mr. Pranjal Munjal, Advocate. For the Respondents: Mr. Arsh Rattan, Deputy Advocate General, for the respondents/State. Mr. Sandeep Sharma, Advocate, for respondents No. 6 & 7 ________________________________________________________ Ex. Petitions No. 1306 of 2024 For the Petitioners: Mr. Sandeep Sharma, Advocate. For the Respondents: Mr. Arsh Rattan, Deputy Advocate General, for the respondents/State. Mr. Neeraj Gupta, Senior Advocate with Mr. Pranjal Munjal, Advocate, for respondent No. 6- NTPC. G.S. Sandhawalia , Chief Justice (Oral) The present appeal is directed against the judgment dated 28.10.2024, passed by the learned Single Judge in CWP No. 7672 of 2023, titled NTPC Limited Vs. State of Himachal Pradesh & others. 2. The learned Single Judge on 28.10.2024, had dismissed the writ petition filed by the present 3 appellant, wherein challenge to the communication dated 25.05.2022 (Annexure P-3) had been raised, wherein the Deputy Commissioner keeping in view the earlier directions issued by this Court had come to the conclusion that 657.00 square meters of land owned by respondents No. 6 & 7 had been damaged on account of the construction of the resorviour and therefore, initiation of acquisition proceedings had been directed. The land owners as such had also filed Execution Petition No. 1306 of 2024, which is also now listed with the present Letters Patent Appeal. 3. In pursuance to the interim order passed on 23.09.2025 in Execution Petition No. 1306 of 2024, the costs of Rs.50,000/- has been deposited in the Chief Justice Disaster Relief Fund, 2025 and the amount of compensation to the tune of Rs. 38,70,040/- has been duly remitted by the present appellant to the account of the Land Acquisition Collector, Koldam on 04.10.2025. 4. Learned Senior Counsel for the NTPC has also placed on record Sale Deed executed on 4 16.10.2025 in favour of the appellant, whereby respondents No. 6 & 7, i.e. Satish and Bhupender have received the amount of Rs.16,84,834/- and Rs.18,05,206/-, respectively (total sale consideration amount of Rs. 34,90,040/-). 5. In such circumstances, we are of the considered opinion that once the sale deed itself has been entered in favour of the present appellant- Corporation, the present appeal has been rendered infructuous. Resultantly, the Execution Petition is also rendered infructuous on account of the payment received by the land owners. 6. In the above terms, the present appeal and the execution petition are disposed of. Pending application(s), if any, also stands disposed of. (G.S. Sandhawalia) Chief Justice. November 03, 2025 (Ranjan Sharma) (hemlata) Judge.