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2017 Supreme(HP) 1075

SANJAY KAROL
NTPC Limited – Appellant
Versus
Babu Ram – Respondent


Advocates Appeared:
Mr. Neeraj Gupta, Advocate, for the Appellant-NTPC; Mr. Manoj Thakur, Advocate, for the Respondent No. 1; Mr. R.S. Verma, Additional Advocate General, for the Respondent No. 2/State

JUDGMENT

Sanjay Karol, J. (Oral)—The acquisition proceedings pertain to the Collector''s award No.17 of 2004, dated 15.08.2004, pertaining to village Kasol (Part-I), Tehsil Sadar, District Bilaspur, H.P. In terms of the said award, the market value of the acquired land stands determined, classification wise from Rs. 1,04,416/- to Rs. 4,69,955/-. In the impugned land reference petition, the same stands redetermined by the Reference Court @ Rs. 4,69,955/-per bigha, on uniform basis, for the reason that: (a) The observations made by the Collector in its award itself justified such enhancement.

2. If the claimant(s) are held legally entitled for rates, on uniform basis, irrespective of classification and category, then the increase in the amount of redetermination of the market value of the acquired land is only marginal. The rates stand increased to Rs. 4,69,955/- per bigha.

3. In terms of award No.17 of 2004, dated 15.08.2004, Collector Land Acquisition, determined the market value of the acquired land awarding different rates, classification/category wise, ranging from Rs. 1,04,416/- to Rs. 4,69,955/-per bigha.

4. In terms of the impugned award dated 12.07.2012, passed by District Ju

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