IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 26^th DAY OF NOVEMBER, 2021 BEFORE HON’BLE MR. JUSTICE TARLOK SINGH CHAUHAN REGULAR FIRST APPEAL NO.

254 OF 2017 Between:

1. H.P. POWER CORPORATION LIMITED, HIMFED BHAWAN, P ANJRI, (BELOW OLD M.L.A. QUARTERS), SHIMLA-171005 (H.P.) THROUGH ITS MANAGING DIRECTOR

2. COLLECTOR LAND ACQUISITION, HPSEB,SHIMLA-171003, H.P.

…APPELLANTS (BY MR. VIVEK NEGI, ADVOCATE.)

AND

1. SH. SHYAM LAL, S/O LATE SH. NAZAR

2. SH. KEWAL RAM, S/O LATE SH. NAZAR, 3. SH. JAI KRISHNA, S/O LATE SH. NAZAR, 4. SMT. KRISHNA, D/O LATE SMT. SHOBHA DEVI

5. SMT. DHYAN MATI, D/IO LATE SMT. SHOBHA DEVI

6. SMT. DHARAM PATI, D/O LATE SMT. SHOBHA DEVI ALL RESIDENTS OF V.P.O. KAINA, TEHSIL JUBBAL, DISTRICT SHIMLA, H.P.

…RESPONDENTS ALL RESIDENTS OF V.P.O. KAINA, TEHSIL JUBBAL, DISTRICT SHIMLA,H.P. 7. H.P. STATE ELECTRICITY BOARD, VIDYUT BHAWAN, KUMAR HOUSE, CHAURA MAIDAN, SHIMLA-171004, H.P. THROUGH ITS SECRETARY ...PROFORMA RESPONDENT (BY MR. RANVIR CHAUHAN, ADVOCATE, FOR RESPONDENTS NO. 1 TO 6)

(MR. VIVEK SHARMA, ADVOCATE, FOR RESPONDENT NO. 7. )

This petition coming on for admissions this day, this Court passed the following:

J U D G M E N T

The issue in question is no more res-integra H and is covered by a judgment rendered by a Coordinate Bench of this Court in RFA No. 368 of 2014, titled as, “Himachal Pradesh Power Corporation Ltd. and another versus Narayan Singh and others” alongwith connected matters, decided on 12.10.2018. In terms of the aforesaid award, the claimants are entitled to compensation @ Rs. 2700/- per centiare alongwith other statutory benefit.

2. Accordingly, the instant appeal is allowed and the directions issued in the aforesaid j.udgment shall apply mutatis mutandis to the instant case. Pending application, if any, also stands disposed of.

CMP No. 11677 of 2021 The non-applicants do not dispute the entitlement of the amount reflected in the instant application. Accordingly, the same is allowed and the amount in question is ordered to be released in favour of the applicants, alongwith proportionate interest accrued thereupon, by remitting the same to their respective saving bank accounts, as per details given in para-5 of the application. However, it is clarified that this Court has not determined the shares of either of the parties, therefore, in case of any discrepancy, it shall be the responsibility of the aggrieved party to establish its claim, before the competent court/authority. The application stands disposed of.

(Tarlok Singh Chauhan)

Judge November 26, 2021 Kalpana