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2023 Supreme(HP) 377

TARLOK SINGH CHAUHAN, SATYEN VAIDYA
Mast Ram – Appellant
Versus
State of H. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Virender Thakur, Advocate.
For the Respondents:Mr. Anup Rattan, Advocate General, with Mr. Ramakant Sharma, Ms. Sharmila Patial, Additional Advocate Generals and Ms. Priyanka Chauhan, Deputy Advocate General. Mr. Sunil Mohan Goel, Advocate,

JUDGMENT :

Satyen Vaidya, J.

The instant petition has been filed by the petitioners for the grant of following substantive reliefs:

    “(i) That the impugned notification dated 02.05.2022, i.e. Annexure P-2, passed by respondent No.3 may very kindly be quashed and set-aside.

(ii) That the respondents may very kindly be directed to issue fresh notification to acquire the structures/houses of the petitioners as well as the trees standing on their land and pass a fresh award under the new Act i.e. the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.”

2. Brief facts necessary for adjudication of the case are that a large chunk of land was acquired by respondent No.1 through respondent No.3 (for short, ‘the Collector’) for establishment of cement manufacturing plant and mining area for M/s Jaiprakash Associates Limited (for short, ‘JAL’) in Villages Baga, Bhalag, Sehnali and Samtyari of Mangal Panchayat in Tehsil Arki, District Solan, H.P. under the Land Acquisition Act, 1894 (for short, ‘1894 Act’). The notification under Section 4 of the 1894 Act was published in official gazette on 16.8.2005. The Collector offered the market price of

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