Girdhari Lal Son Of Sh. Mohan Lal vs The Project Director
2021 Latest Caselaw 5721 HP

                             1


     IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

            ON THE    14th DAY OF DECEMBER, 2021

                          BEFORE




                                                         .

         HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN

                              &





             HON'BLE MR.JUSTICE SATYEN VAIDYA

CIVIL WRIT PETITIONS NO. 4158 OF 2019,880 OF 2020, 1054 OF





                2020,1068 OF 2020, 1100 OF 2020, 1318 OF 2020

                    r         AND 1336 OF 2020

CWP NO. 4158 OF 2019

Between:

     GIRDHARI LAL SON OF SH. MOHAN LAL, R/O KOTADHAR,
     TEHSIL AUT, DISTRICT MANDI, H.P.



                                        ...PETITIONER




     (BY MR. SUNIL MOHAN GOEL, ADVOCATE)





 AND





    1. THE PROJECT DIRECTOR, NATIONALHIGHWAY AUTHORITY
       OF INDIA, PROJECT IMPLEMENTATION UNIT MANDI,
       BANGLA MOHALLA, CHAKKAR, P.O. NAGCHALA, TEHSIL &
       DISTRICT MANDI, H.P.
    2. THE COLLECTOR LAND ACQUISITION, NATIONAL HIGHWAY
       AUTHORITY OF INDIA, SLAU­II, SYOGI, PANDOH, DISTRICT
       KULLU, H.P.
                                           ...RESPONDENTS




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    (BY MR. K.D. SHREEDHAR, SENIOR ADVOCATE WITH MS.
    SHREYA CHAUHAN, ADVOCATE)

    CWP NO. 880 OF 2020




                                                      .
    Between:





     JYOTI PRAKASH SON OF SH. JHABE RAM @ GHANSHYAM
     DASS, RESIDENT OF KOTADHAR, TEHSIL AUT, DISTRICT





     MANDI, H.P.


                                              ...PETITIONER





     (BY MR. SUNIL MOHAN GOEL, ADVOCATE)

 AND

     1. THE PROJECT DIRECTOR, NATIONALHIGHWAY

     AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT
     MANDI, BANGLA MOHALLA, CHAKKAR, P.O. NAGCHALA,
     TEHSIL & DISTRICT MANDI, H.P.
     2. THE COLLECTOR LAND ACQUISITION, NATIONAL


     HIGHWAY AUTHORITY OF INDIA, SLAU­II, SYOGI, PANDOH,
     DISTRICT KULLU, H.P.
                                      ...RESPONDENTS






    (BY MR. K.D. SHREEDHAR, SENIOR ADVOCATE WITH MS.
    SHREYA CHAUHAN, ADVOCATE)

    CWP NO. 1054 OF 2020





Between:

     DALIP KUMAR SON OF SH. DILA @ DILA RAM, RESIDENT OF
     KOTADHAR, TEHSIL AUT, DISTRICT MANDI, H.P.


                                      ...PETITIONER




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     (BY MR. SUNIL MOHAN GOEL, ADVOCATE)

 AND

     1. THE PROJECT DIRECTOR, NATIONALHIGHWAY




                                                      .

     AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT
     MANDI, BANGLA MOHALLA, CHAKKAR, P.O. NAGCHALA,
     TEHSIL & DISTRICT MANDI, H.P.
     2. THE COLLECTOR LAND ACQUISITION, NATIONAL





     HIGHWAY AUTHORITY OF INDIA, SLAU­II, SYOGI, PANDOH,
     DISTRICT KULLU, H.P.
                                      ...RESPONDENTS





    (BY MR. K.D. SHREEDHAR, SENIOR ADVOCATE WITH MS.
    SHREYA CHAUHAN, ADVOCATE)

    CWP NO. 1068 OF 2020

Between:

     JYOTI PRAKASH SON OF SH. JHABE RAM @ GHANSHYAM
     DASS, RESIDENT OF KOTADHAR, TEHSIL AUT, DISTRICT


     MANDI, H.P.

                                      ...PETITIONER




     (BY MR. SUNIL MOHAN GOEL, ADVOCATE)





 AND





     1. THE PROJECT DIRECTOR, NATIONALHIGHWAY
     AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT
     MANDI, BANGLA MOHALLA, CHAKKAR, P.O. NAGCHALA,
     TEHSIL & DISTRICT MANDI, H.P.
     2. THE COLLECTOR LAND ACQUISITION, NATIONAL
     HIGHWAY AUTHORITY OF INDIA, SLAU­II, SYOGI, PANDOH,
     DISTRICT KULLU, H.P.
                                      ...RESPONDENTS




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    (BY MR. K.D. SHREEDHAR, SENIOR ADVOCATE WITH MS.
    SHREYA CHAUHAN, ADVOCATE)

    CWP NO. 1100 OF 2020




                                                      .
    Between:





     DAULAT RAM, SON OF SHRI MOHAN LAL, RESIDENT OF
     KOTADHAR, TEHSIL AUT, DISTRICT MANDI, H.P.





                                              ...PETITIONER

     (BY MR. SUNIL MOHAN GOEL, ADVOCATE)

   AND


      1. THE PROJECT DIRECTOR, NATIONAL HIGHWAY

      AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT

      MANDI, BANGLA MOHALLA, CHAKKAR, P.O. NAGCHALA,
      TEHSIL & DISTRICT MANDI, H.P.
      2. THE COLLECTOR LAND ACQUISITION, NATIONAL
      HIGHWAY AUTHORITY OF INDIA, SLAU­II, SYOGI, PANDOH,


      DISTRICT KULLU, H.P.
                                      ...RESPONDENTS




(BY MR. K.D. SHREEDHAR, SENIOR ADVOCATE WITH MS. SHREYA
CHAUHAN, ADVOCATE)





CWP NO. 1318 OF 2020





Between:

     RAJ KUMARI DAUGHTER OF SMT. PHULLA DEVI,
     RESIDENTOF VILLAGE & P.O. NAGWAIN, TEHSIL AUT,
     DISTRICT MANDI, (H.P.) THROUGH HER SPECIAL POWER OF
     ATTORNEY SH. DINESH KUMAR SON OF SH. NAND LAL,
     RESIDENT OF VILLAGE & P.O. NAGWAIN, TEHSIL AUT,
     DISTRICT MANDI (H.P.)




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                        ...PETITIONER

     (BY MR. SUNIL MOHAN GOEL, ADVOCATE)




                                                       .

   AND

      1. THE PROJECT DIRECTOR, NATIONAL HIGHWAY
      AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT





      MANDI, BANGLA MOHALLA, CHAKKAR, P.O. NAGCHALA,
      TEHSIL & DISTRICT MANDI, H.P.
      2. THE COLLECTOR LAND ACQUISITION, NATIONAL
      HIGHWAY AUTHORITY OF INDIA, SLAU­II, SYOGI, PANDOH,





      DISTRICT KULLU, H.P.
                                      ...RESPONDENTS

           (BY MR. K.D. SHREEDHAR, SENIOR ADVOCATE WITH

           MS. SHREYA CHAUHAN, ADVOCATE)

     CWP NO. 1336 OF 2021

Between:



     HEM RAJ, S/O SHRI MOHAN LAL, RESIDENT OF KOTADHAR,
     TEHSIL AUT, DISTRICT MANDI, H.P.






                                      ...PETITIONER

     (BY MR. SUNIL MOHAN GOEL, ADVOCATE)





   AND

      1. THE PROJECT DIRECTOR, NATIONAL HIGHWAY
      AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT
      MANDI, BANGLA MOHALLA, CHAKKAR, P.O. NAGCHALA,
      TEHSIL & DISTRICT MANDI, H.P.




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      2. THE COLLECTOR LAND ACQUISITION, NATIONAL
      HIGHWAY AUTHORITY OF INDIA, SLAU­II, SYOGI, PANDOH,
      DISTRICT KULLU, H.P.
                                      ...RESPONDENTS

          (BY MR. K.D. SHREEDHAR, SENIOR ADVOCATE WITH




                                                               .

          MS. SHREYA CHAUHAN, ADVOCATE)





                These petitions coming on for admission this day, the

    Court passed the following:





                ORDER

Since common questions of law and facts arise for

consideration in these petitions, the same are taken up together for

hearing and are being disposed by a common judgment.

2. The instant writ petitions have been filed seeking

quashing of award, passed by the Collector­cum­Competent

Authority, NHAI (SLAU)­II, Syogi, Pandoh, District Mandi, H.P. in

exercise of powers conferred upon him under Section 3A of the

National Highway Act, 1956, (for short "the Act") readwith

guidelines issued by the Ministry of Road Transport and Highways

(MoRTH). The moot question is whether these petitions are

maintainable?

3. Learned counsel for the petitioner(s) would argue that

the remedy under the Act is available to the petitioners only in

case the amount is determined by the Competent Authority Land

Acquisition (CALA) under section 3A of the Act, and since no

amount has been determined under Section 3G(5), therefore the

.

remedy as provided under Section 3G(5) of the Act is not available

to his clients.

4. We are not at all impressed by this submission as the

same is based on complete misreading of Section 3G(5) of the Act,

which reads as under:

"3G(5) Determination of amount payable as compensation: If the amount determined by the competent authority under sub­ section (1) or sub­section (2) is not acceptable to either of the

parties, the amount shall, on an application by either of the

parties, be determined by the arbitrator to be appointed by the Central Government."

5. We are of the considered view that power to determine

the amount by the competent authority includes determination of

no amount in favour of the party or else it would mean that

whenever an application under Section 3G(5) of the Act is filed, it

would be incumbent upon the Competent Authority Land

Acquisition (CALA) to award at least some amount in favour of the

claimants, which obviously is not the intention of the statute.

6. Therefore, in the given facts and circumstances of the

case, we are clearly of the view that the instant petitions are not

maintainable, as petitioners have specific remedy available to them

under Section 3G(5) of the Act.

7. In view of the aforesaid discussions, these petitions are

.

held to be not maintainable and the same are dismissed. However,

petitioners are entitled to avail such remedy, as available to them

under the law. It is made clear that in case the petitioners avail

such remedy then the competent authority/arbitrator shall

proceed to decide the same as expeditiously as possible and in no

event later than one year from the date of filing of such

application(s) or say latest by 31st December, 2022. Pending

application(s), if any, are also disposed of.

(Tarlok Singh Chauhan) Judge

(Satyen Vaidya) Judge December 14, 2021

Kalpana