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2018 Supreme(HP) 882

TARLOK SINGH CHAUHAN
GENERAL MANAGER, NHPC – Appellant
Versus
RATTAN DASS – Respondent


Advocate Appeared:
Ashok Sharma, Bhupinder Thakur, K.D Shreedhar, Shreya Chauhan, Sudhir Bhatnagar, Sunil Mohan Goel, Vinod Thakur, Vipul Sharda, Advocates

Judgement Key Points

What is the principle for uniform compensation when the entire land is used for public use under Land Acquisition Act?

What is the effect of Section 25 of the Land Acquisition Act on the court's award relative to the Collector's amount?

What is the court's stance on awarding uniform market value irrespective of land categorization?


JUDGMENT :

TARLOK SINGH CHAUHAN, J.

1. Since all these appeals arise out of the same award, they were taken up together for consideration and are being disposed of by this common judgment.

2. For the sake of convenience and to maintain clarity, facts of RFA No. 430 of 2010, titled as 'General Manager, NHPC vs. Rattan Dass and others' are being referred to.

3. Brief facts of the case are that a notification under Section 4 of the Land Acquisition Act (for short 'Act') was issued by State of Himachal Pradesh on 9.2.2015 whereby it was proposed to acquire the land situated at Phati-Manyasi, Suchain-Kanon and Kotla, District Kullu, H.P. for the construction of various components of Parbati Hydroelectric Project.

4. After the completion of all codal formalities under the Act, the Collector, after taking into consideration one year average price of the land determined the value of the land on the basis of its quality in the following manner:-
      

Sr.No.

Land Type

Rate per Bigha (Rs.)

1.

Ropa Awwal

3,56,500.00

2.

Ropa Som

1,72,500.00

3.

Bathal Awal

2,87,500.





























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