The landowners felt aggrieved by the rejection of their cross objection and they have filed the present appeals by way of special leave in this Court.
A few facts need mention hereinbelow for the disposal of these appeals, which involve a short point.
So, the only question, which arises for companysideration in these appeals, is whether the High Court was justified in dismissing the appellants cross objection.
The effect of the dismissal of the appeals and cross objection was upholding of the award passed by the Reference Court Civil Court .
The appellants instead of filing regular appeal against the award of reference Court filed cross objection under Order 41 Rule 22 of the Code of Civil Procedure, 1908 hereinafter referred to as the Code in the respondents appeals and sought enhancement in the companypensation awarded by the Reference Court to them.
The appellants felt aggrieved and sought reference under Section 18 of the Act to the Civil Court for determination of the companypensation offered by the LAO.
In other words, the Reference Court, after appreciating the evidence, held that the appellants are entitled to claim companypensation at the rate of Rs.5,00,000/ per bigha.
1 for execution of public purpose under the provisions of the Land Acquisition Act, 1894 hereinafter referred to as the Act .
The State and NTPC felt aggrieved by the award of the Reference Court and filed appeals before the High Court of Himachal Pradesh under Section 54 of the Act.
2 and 3 are the State and the Land Acquisition Collector.
By impugned order, the High Court dismissed the appeals filed by the NTPC State and, in companysequence, also dismissed the cross objection filed by the appellants.
This led to initiation of proceedings for determination of companypensation payable to the landowners appellants herein under Section 11 of the Act by the Land Acquisition Officer LAO .
The suit land was acquired by the State respondent No.
By award dated 12.07.2006, the LAO offered Rs.3,87,383/ per bigha to the appellants as companypensation for the suit land.
3 for the benefit of NTPC respondent No.
The Reference Court Civil Court by award dated 31.03.2009 partly allowed the reference in favour of the appellants and enhanced the companypensation from Rs.3,87,383/ to Rs.5,00,000/ per bigha.
These appeals are filed against the final Digitally signed by ANITA MALHOTRA Date 2019.07.16 judgment and order dated 20.04.2017 passed by 164426 IST Reason the High Court of Himachal Pradesh at Shimla in F.A. No.221 of 2011 with Cross Objection No.39 of 2014 and R.F.A. No.246 of 2011 whereby the High Court dismissed the appeals filed by the respondentNTPC and, in companysequence, rejected the Cross Objection filed by the appellants herein.
Abhay Manohar Sapre, J. Leave granted.
Signature Not Verified 2.
The land in question hereinafter called the the suit land belonged to the appellants.
The appellants herein are the claimants landowners whereas the respondent No.1 is the NTPCa Government Company for whom the land in question was acquired for public purpose and respondent Nos.
