Extracted from the PDF above. The PDF is authoritative.
2026:HHC:37778 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. :
219 of 2024 Decided on : 03.09.2026 Keshav Ram …Petitioner Versus State of H.P. & Another …Respondents Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Mr. Nalneesh, Advocate vice Mr. Hamender Singh Chandel, Advocate. For the respondents : Mr. H.S. Rawat, Additional Advocate General with Mr. Rohit Sharma, Deputy Advocate General, for respondent No.1. Mr. Ramesh Chand Sharma, Advocate for respondent No.2. Virender Singh, Judge (Oral) PetitionerKeshav Ram has filed the present petition, under Article 227 of the Constitution of India, against the order dated 09.10.2023, passed by the Court of learned Additional District Judge(1), Mandi, Camp at Karsog (hereinafter referred to as the ‘reference Court’), in CMA No. 300 of 2023, titled as ‘Keshav Ram versus LAC & Another’. 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2026:HHC:37778
2. By way of order dated 09.10.2023, the learned reference Court has dismissed the application filed, under Sections 152 and 153A of the Code of Civil Procedure (hereinafter referred to as ‘the CPC’), filed by the petitioner for correction in para 27(c) of the Consolidated Award, bearing Reference Petition No.31 of 2009, titled as ‘Keshav Ram versus LAC & Another’, along with other connected Reference Petitions bearing Reference Petition Nos.19 to 30, and 32 to 36 of 2009. 3. Parties to the present lis are hereinafter referred to, in the same manner, in which, they were referred to, by the learned reference Court. 4. Brief facts, leading to the filing of the present petition, before this Court, as borne out from the record, may be summed up, as under:
4.1. State of Himachal Pradesh, vide notification dated 11.12.2000, issued, under Sections 4 and 17(4) of Land Acquisition Act for the acquisition of the land measuring 169 154 bighas, situated in village Tatapani, Tehsil Karsog,
3 2026:HHC:37778 District Mandi, for construction of Kol Dam Hydro Power Project by NTPC Ltd.
4.2. The Land Acquisition Collector has passed the Award No.79 of 2008. Since, the land owners, whose land was acquired were not satisfied with the market value assessed by the Land Acquisition Collector, as such, they have preferred the reference petitions, under Section 18 of the Land Acquisition Act, which were sent to the learned reference Court for adjudication. 5.
The learned reference Court, vide judgment dated 13.09.2013, has decided, as many as, 18 reference petitions, by way of consolidated award, by answering the references, as under:
“27. Further, reference petitioners are also held entitled to the following reliefs: a) The petitioners shall also be entitled to solatium @ 30% on the amount as stated aforesaid; b) the reference petitioners shall also be entitled for additional compensation @12% per annum under Section 23(1A) of the Act w.e.f. 21.12.2000 the date of publication of notification till the date of award of the Collector, i.e., 08.03.2008 and
4 2026:HHC:37778 c) the reference petitioners shall also be entitled to interest under Section 28 of the Act on the amount assessed under subsection (1) of Section 23 of the Act, the additional compensation worked out under subsection (1A) of section 23 of the Act, plus, solatium awarded under sub section23 of the Act, at the rate of 9% per annum on the value assessed from the date of award and thereafter, @ 15% per annum till the date of payment/deposit of the amount of compensation in accordance with Section 34 of the Act.”
6. The said judgment was assailed by way of appeals, before this Court, by the NTPC, which were also disposed of by this Court, on 20.04.2018, in view of the decision of this Court in RFA No.425 of 2012, titled as ‘NTPC Limited Kol Dam Versus Kuldeep & Others’. Thereafter, the applicant filed the application under Sections 152 and 153A of the CPC, for correction of para No.27(c) of the award. 7. The said application has been moved, on the ground, that on account of accidental slip or omission, the relief, as per the judgment passed by the Hon’ble Supreme Court in Sunder Singh versus Union of India, (2001) 7 SCC 2011, has not been given. 5 2026:HHC:37778
8. The said application was considered, by the learned reference Court and rejected vide order dated
09.10.2023. 9.
The learned counsel for the petitioner could not satisfy the judicial conscience of this Court, as to how the decision can be corrected, that too, in the application, under Sections 152 and 153A CPC, whereas, the award of the learned reference Court dated 13.09.2013, has been assailed by both the parties before this Court by filing the RFAs. 10. Nongranting the relief, as per the judgment of the Hon’ble Supreme Court in Sunder Singh’s case (supra), to the considered opinion of this Court, does not fall within the definition of ‘accidental slip’ or ‘omission’. 11. In such situation, there is no scope for interference in the order passed by the learned reference Court. Consequently, the present petition is dismissed. Pending applications, if any, shall also stand disposed of. ( Virender Singh ) September 03, 2026( ps ) Judge