Point of Law : If land is fully utilized for public purpose, which in the instant case is construction of Renukaji Dam and its submergence area and that no further developmental activities were required to be carried out, the claimants would be entitled to compensation on uniform basis, irrespective of its classification and category.

JUDGMENT :

VIVEK SINGH THAKUR, J.

1. These appeals alongwith Cross-Objection, for appreciation of common questions of facts and law, are being decided by this common judgment.

2. Admitted facts of the case are that Project proponent had acquired lands in various villages in District Sirmour for construction of Renukaji Dam and its submerge area including land belonging to respective land owners situated in village Lana-Machher.

3. Land involved in present case was acquired by issuing Section 4 notification under Land Acquisition Act dated 1.8.2009, which was lastly published on 1.9.2009. After completing the due process Award No. 651, under Section 11 of Land Acquisition Act, was announced on 21.8.2012. In the said Award, Land Acquisition Collector had determined the rates of land on the basis of classification as under:

4. Nakabil, Gair Mumkin and Ghasini. Rs. 60,500/- 4. In Section 4 Notification, 20 Khasra numbers, including Khasra No. 48 measuring 0-6 bigha, with classification Gair Mumkin Kuhal were notified in the land proposed to be acquired. In Notification under Section 9 of the Land Acquisition Act Khasra No. 48 was included in the list of Khasra numbers of specification of land and in details in para 55 prepared at the time of determination of amount Khasra No. 48 measuring 0-6 bigha with classification Gair Mumkin Kuhal was included and compensation related thereto was calculated.

5. In Award No. 651, on second page, details of land to be acquired under this award has been given wherein Khasra No. 48 measuring 0-6 bigha Gair Mumkin Kuhal has been reflected. It is admitted fact that for land with classification Kuhal, Land Acquisition Collector had determined value at the rate of 7,00,000/- per bigha.

6. The aforesaid determination of value of land by Collector, was assailed by the land owners in Land Reference Petitions preferred under Section 18 of the Land Acquisition Act bearing Land Acquisition Petition Nos. 18-LAC-4 of 2014, titled Prem Pal vs. Renukaji Dam Project and Another; 21-LAC-4 of 2014, titled Dinesh Kumar vs. Renukaji Dam Project and Another; 15-LAC-4 of 2014, titled as Virender Singh vs. Renukaji Dam Project and Another and 16-LAC-4 of 2014, titled Anand Singh vs. Renukaji Dam Project. Vide impugned awards dated 9.6.2017 and 22.12.2015 passed in these petitions, Reference Court had enhanced value of land of the classification of Nakabil, Gair Mumkin and Ghasni from 60,500/- to 1,00,000/- per bigha, but maintaining the same value of land with respect to other classification of land as determined by the Collector in Award No. 651 of 2012.

7. Present appeals have been preferred against the aforesaid awards passed by Reference Court, wherein Cross Objection No. 33 of 2019 has also been preferred on behalf of land owners in RFA No. 133 of 2018.

8. It is also undisputed that another piece of land belonging to the same village was also acquired vide Notification dated 4.10.2008 issued under Section 4 of the Land Acquisition Act, which was lastly published on 1.1.2009 and in that Award No. 645, dated 6.8.2012 was passed by Land Acquisition Collector by determining the value of land on the same pattern.

9. In Land References, arising out of the said Award No. 645, similar value was determined by the Reference Court, pertaining to the land, enhancing the value of land of the category of Nakabil, Gair Mumkin and Ghasni from 60,500/- to 1,00,000/- but maintaining the value of remaining land as was determined by the Land Acquisition Collector. Award passed by the Reference court in those cases was subjected to appeals preferred by Project Proponent as well as land owners in RFA No. 171 of 2016 and other connected app