Point of Law: It is worth-noticing that plaintiff was awarded compensation amount for acquisition of property, which was owned and possessed by her. As per Clause 1.2 of the R&R Scheme, term “oustee” has been defined.

JUDGMENT :

SATYEN VAIDYA, J.

1. Heard.

2. By way of instant Regular Second Appeal, judgment and decree dated 03.05.2019 passed by learned District Judge, Bilaspur, District Bilaspur, H.P. in Civil Appeal No. 19/13 of 2018, affirming judgment and decree dated 28.08.2018 passed by learned Senior Civil Judge, Bilaspur, District Bilaspur, H.P. in Civil Suit No. 41/1 of 2014, is sought to be assailed by the appellant.

3. The parties hereinafter shall be referred to by the same status which they held before the learned trial Court. Respondent No. 1 herein, was the plaintiff, whereas the appellant and proforma respondent herein, were the defendants 1 and 2 respectively.

4. Brief facts necessary for adjudication of appeal are that defendant No. 1 acquired immoveable properties under the Land Acquisition Act for public purpose namely construction of Kol Dam Hydro Electric Project in the area of Villages Harnora and Kasol in District Bilaspur, H.P. The notification under Section 4 of the Land Acquisition Act, for the purposes of such acquisition was issued on 23.11.2000.

5. 16 biswas of land including the structure thereon, owned by the plaintiff, was also acquired. Plaintiff was paid Rs. 5,72,826.27 as compensation for land and Rs. 1,13,564 for structure standing thereon.

6. A Tripartite Agreement Ext. DW-1/B, had been executed between defendants as first and second parties thereto and Himachal Pradesh State Electricity Board as third party on 26.02.2000. Clause 3.01 of the agreement Ext.DW-1/B provided for Resettlement & Rehabilitation issues of Kol Dam oustees. Defendant No. 2 had undertaken Resettlement and Rehabilitation Scheme (R&R), as detailed in Annexure-II to the agreement and defendant No. 1 had undertaken to extend all necessary assistance and inputs in implementing the R&RS. The costs of R&RS were to be incurred by defendant No. 2.

7. The Scheme for Rehabilitation and Resettlement for the oustees of Koldam HEP was detailed in Annexure-II to the agreement. As per Clause 2.1.1 the entitlement of Resettlement grant was as under:

“2.1.1. Resettlement Grant

Each oustee family which will be rendered houseless on account of acquisition of land/house for the KOL DAM Project shall be entitled to:

(a) A compensation of Rs. 60,000/- in the form of houseless grant.

(b) Infrastructural facility in the oustee colony which will include developed house site measuring 50’ x 40’ (one plot for each family), electrification for street lights line for drinking water suitable, pacca approach road/path and Sulabh Sauchalaya.

Families who do not opt for plot of land (including other infrastructure) will be entitled for Rs. 25,000/- as infrastructure grant in the same line.”

8. Similarly, the landless grant and eligible family grant was to be provided in terms of Clauses 2.2.1 and 2.2.2 of Annexure-II as under:

“2.2.1 Landless Grant

The families who are rendered landless on account of acquisition of their land shall be eligible for landless grant in the following manner:

(i) Family which having more than 5 Bighas land rendered landless - Rs 50,000/-.

(ii) Family whose land holding was less than 5 Bighas and rendered landless Rs. 45,000/-.

(iii) Families who are left with less than one Biswa after acquisition will be treated as landless.

2.2.2 Eligible Family Grant

Eligible families shall be those who do not become landless but their land holding is rendered to less than 5 Bighas on account of acquisition:

(i) Families who are left with land more than one Biswa and upto 2-10-0 Bighas one time grant of = Rs. 40,000/-.

(ii) Families who are left with more than 2-10-0 Bighas but less than 5 Bighas one time grant of = Rs. 35,000/-.

The Deputy Commissioner concerned will be the sanctioning authority for Rehabilitation grant, which shall be provided by the project authorities and placed at the disposal of the concerned Deputy Commissioner, for disbursement to eligible families. All these grants shall be in addition to the compensation paid under Land Acquisition Act.”

9. The plai