Devender Singh vs Union Of India & Others
2023 Latest Caselaw 15632 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                      CWP No.930 of 2019
                                                      Decided on: 07.10.2023




                                                                           .

    Devender Singh                                                     ....Petitioner.
                Versus





    Union of India & others                                           .... Respondents.

    Coram
    Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
    Whether approved for reporting?1





    For the petitioner     :    Mr.Sanjeev Bhushan, Senior
                                Advocate, with Mr. C.D. Negi,
                          r     Advocate.

    For the Respondents               :      Mr. Nand Lal Thakur, Senior Panel
                                             Counsel, for respondents No.1 to 3.

                                             Mr. Rupinder Singh Thakur, Mr.
                                             Pushpinder Jaswal,      Additional
                                             Advocate Generals, with Ms. Ranjna


                                             Patial, Sumit Sharma, Deputy
                                             Advocate Generals and Mr. Rajat
                                             Chauhan,    Law    Officer,   for
                                             respondents No.4 and 5­State.






    Ajay Mohan Goel, Judge (Oral)

By way of this petition, the petitioner has, inter alia,

prayed for the following relief:­

"i) That appropriate writ order or direction may very kindly be issued, directing the respondents to acquire khasra Nos.848/200 and 849/200 over which the respondents have already raised construction and have taken the possession of the same in accordance with the provisions of Right to Fair Compensation in Land

Whether reporters of the local papers may be allowed to see the judgment?

Acquisition (Rehabilitation & Resettlement Act, 2013), by further directing the respondents to pay adequate compensation to the petitioner for the above mentioned

.

khasra numbers, in the interest of law and justice."

2. Learned Senior Counsel appearing for the petitioner

submitted that as it is not in dispute that the land of the petitioner

in fact has been utilized by the respondents without compensating

him and as now steps have been taken by the respondents to

acquire the said land in accordance with law, interest of justice

would be served in case respondents are directed to complete

entire process in a time bound manner and pay the admissible

compensation to the petitioner as per law.

3. Learned counsel appearing for the Union of India

submits that the process will be taken to its logical conclusion as

early as possible and time of six months be granted to complete the

same. This is seriously objected to by learned Senior Counsel for

the petitioner, who submits that let the needful be done by the

respondents within a period of six weeks.

4. Having heard the submissions of learned counsel for

the parties and taking into consideration the fact that as it is not

much in dispute that the land of the petitioner stands utilized by

the respondents and as now process has been initiated for the

acquisition of the same, this petition is disposed of with the

direction that let the acquisition proceedings be completed as

expeditiously as possible and preferably within a period of three

months from today and due and admissible compensation be paid

to the petitioner in accordance with law within the said period.

Pending miscellaneous applications, if any, stand disposed of.

.

                                                  (Ajay Mohan Goel)





                                                       Judge
    October 07, 2023
        (Rishi)




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