IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA RFA No. 163 of 2001 a/w Cross Objection No. 173 of 2002 Date of decision: 14.12.2011 RFA No. 163 of 2001 1. Nathpa Jhakri Project Corporation through Shri A.K. Mehandiratta, Senior Manager (P&A), Nathpa Jhakri Power Corporation Limited, Jhakri, District Shimla. 2. The Land Acquisition Collector, Nathpa Project Corporation Delhi, Shimla-12, presently at Khakri, District Shimla. .....Appellants. Versus 1. Shalu Ram son of Mungi 2. Smt. Shami 3. Smt. Phagi, both daughters of Mungi All residents of village Shah, Tehsil Rampur, District Shimla, H.P. .....Respondents. Appeal under Section 54 of the Land Acquisition Act, 1894 against the award dated 14.11.2000 passed by learned District Judge, Kinnaur Civil Division at Rampur Bushahr in Land Reference Petition No. 61 of 1998 whereby the reference petition filed by the claimants under Section 18 of the Land Acquisition Act has been allowed and Compensation has been enhanced at the rate of rupees 70,000/- per bigha for Bakhal awal land and rupees 60,000/- per bigha for uncultivated land alongwith statutory benefits; with a prayer to allow this appeal with costs throughout consequently quashing and setting aside the impugned award dated 14.11.2000 passed by the ld. District Judge, Kinnaur Division at Rampur and dismissing the petition filed by the claimants-respondents. Cross Objection No. 173 of 2002 1. Nathpa Jhakri Project Corporation, through Shri A.K. Mehandiratta, Senior Manager (P&A), Nathpa Jhakri Power Corporation, Jhakri, District Shimla. 2. The Land Acquisition Collector, Nathpa Jhakri Project Corporation Dhalli, Shimla-12, Presently at Jhakri, District Shimla. ........Appellants/ Non-objectors. 1. Sopi son of Nau Ram, 2. Shalu Ram son of Mungi, 3. Smt. Shami, 4. Smt. Phagi, both daughters of Mungi ...2... All residents of village, Shah, Tehsil Rampur, District Shimla, H.P. .....Respondents/ claimants/cross-objectors. Cross objectiosn under Order 41 Rule 22 of the Code of Civil Procedure in R.F.A. Under Section 54 of Land Acquisition Act Act preferred by the appellants against the award dated 14.11.2000, passed by District Judge Kinnaur at Rampur Bushahr, in Land Reference Petition No. 61 of 1998 filed by the claimants under Section 18 of the Land Acquisition Act, with the prayer that the cross-objections may be allowed and the Reference Petition filed by the claimants with respect to the acquisition of the land of the claimants, vide Notification dated 8.9.1992,under Section 17(4) of the Land Acquisition Act for the construction of Surge Shaft Road for Nathpa Jhakri Power Project Corporation in village Shah, Tehsil Rampur Bushahr, District Shimla, vide Award No. 29/94, dated 20.2.1994, whereby the total land acquired was 0-32-22 hectares of the claimants. Coram The Hon'ble Mr. Justice V.K. Sharma, J. 1 Whether approved for reporting? No. ________________________________________________________________ For the appellants/ non/objectors: Mr. Ramakant Sharma, Advocate. For the respondents/ cross-objectors: Mr. B.S. Attri, Advocate. V.K. Sharma, J. (Oral). Mr. Ramakant Sharma, Advocate, learned counsel for the appellants has filed a communication dated 13.12.2011 addressed to him on behalf of the appellants by DGM (P&A), alongwith copies of affidavits of the respondents, namely, Shalu Ram, Shami Devi and Phagi Devi and three cheques each dated 11.11.2011 in the sum of Rs. 1,59,973/- each issued on behalf of the appellants favoring the respondents and receipts in token thereof issued by the respondents. The learned counsel states that the parties have settled the inter se dispute amicably pursuant to which the aforesaid payments have been made by the appellants to the 1 Whether reporters of Local Papers may be allowed to see the judgment? No. ...3... respondents. This position is also admitted to be correct on behalf of the respondents as stated at the bar by Mr. B.S. Attri, Advocate, learned counsel for the respondents and respondent No. 1, who is present in person. 2. In view of amicable settlement between the parties, as reflected in the above communication dated 13.12.2011 and the accompanying documents, as above, which are taken on record as Ex. C-1 (Colly.) (eight leaves), the appeal is dismissed as not pressed. The amount lying deposited in the Registry alongwith up to date interest is ordered to be released to the respondents in equal shares. The respective amounts be remitted to their bank accounts, particulars whereof shall be supplied to the Registry by their learned counsel. As the appeal has been compromised, the appellants shall be entitled for refund of court fee in accordance with rules. 3. In view of disposal of the main appeal, Cross Objections No. 173 of 2002 shall also stand dismissed as not pressed. 4. The appeal, as also Cross Objection and pending CMP(s), if any, stand disposed of pursuant to compromise between the parties in the above terms. (V.K. Sharma) Judge 14th December, 2011 (virender)