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2012 Supreme(HP) 640

SURINDER SINGH
Fozal Power Pvt. Ltd. – Appellant
Versus
Prem Dass – Respondent


Advocates Appeared:
For the appellant (s) :Mr. Ashok Aggarwal, Senior Advocate with M/s S.K. Dubey, Ajay Mohan Goel, Amit Guarav, Vinod S. Bhardwaj and Sanjeev Punj, Advocates.
For the respondents:Mr. Naveen K. Bhardwaj, for the privates respondents in the respective appeals.
Mr. A.K. Bansal, Additional Advocate General, for respondents/Collectors in all the appeals.

Judgment

SURINDER SINGH, J.

The appellant is a Private Limited Company incorporated under the Companies Act, 1956. The land in question was acquired by the Collector, Land Acquisition for them to set-up a small hydro electric power project of 9 Megawatt in village Dwara and Phattis Dwara and Meha in Tehsil and District Kullu, pursuant to the notification issued under Section 4 of the Land Acquisition Act, on 6.3.2007, in short ‘the Act’.

2. The appellant-Company felt aggrieved by the enhancement made by the civil Court in the above petitions, which were decided on 26.9.2011 precisely on the ground that after the evidence was led and the judgment was reserved by the learned Reference Court for its pronouncement at that stage in between an application under Section 151 of the Code of Civil Procedure seeking permission to tender the copy of sale-deed No.79 dated 20.1.1999, which was already on record, in evidence and mark exhibit. Though, it was resisted by the appellants as not tendered in evidence at the time of examining witnesses of the claimants, but the learned Reference Court allowed the application consequently tendered in evidence Ext.PX sale-deed aforesaid without affording a



















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