Himachal Pradesh High Court
Date Of Decision: 6.11.2024 vs Union Of India And Others on 6 November, 2024
Author: Tarlok Singh Chauhan
Bench: Tarlok Singh Chauhan
2024:HHC:10787
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Ex.Pet. No.555 of 2024.
Date of decision: 6.11.2024.
Sumitra Devi and anr. .....Petitioners.
Versus
Union of India and others .....Respondents.
Coram
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Acting Chief
Justice.
The Hon'ble Mr. Justice Satyen Vaidya, Judge.
Whether approved for reporting?1 No
For the Petitioners : M/s. Prem Chand Verma, Varun
Thakur and Akash Thakur,
Advocates.
For the Respondents : Mr. Balram Sharma, DSGI with Mr.
Rajeev Sharma, Advocate, for
respondent No.1.
Mr. K.D. Shreedhar, Sr. Advocate,
with Ms. Shreya Chauhan,
Advocate, for respondent No.2-
NHAI.
Mr. Anup Rattan, Advocate
General with Ms. Priyanka
Chauhan, Deputy Advocate
General, for respondents No.3 to
5-State.
Tarlok Singh Chauhan, Acting Chief Justice (Oral)
The instant petition has been filed for grant of the
following substantive relief:-
Whether the reporters of the local papers may be allowed to see the Judgment?Yes
2 2024:HHC:10787
"It is, therefore, respectfully prayed that this
Execution Petition may kindly be allowed and the
respondents be directed to treat, declare and notify
the land of the petitioners comprised in Khasra
No.945/585/297 measuring 8 biswas situated in
mauza Barog, District Solan, H.P. and further the
respondents may be directed to pay the
compensation to the petitioners from the date and
the year the land is being utilized by the respondents
alongwith interest and costs, i.e., from 1.1.2016."
2. A Co-ordinate Bench of this Court in CWP No.2574 of
2022 titled as Sumitra Devi & another Vs. Union of India &
others vide judgment dated 3rd April, 2023 passed the following
directions:-
"3. Accordingly, without adverting to the
merits of the case, we deem it appropriate to
dispose of this writ petition with liberty to the
petitioners to approach the Committee by way of
a representation constituted by the State, which
is to be presided over by the Deputy
Commissioner, Solan, District Solan (H.P.),
within one week from today and the
representation to be submitted by the petitioner,
shall be decided by the Committee, within six
weeks thereafter, in accordance with law."
3. It is not in dispute that the Committee has now decided
the representation of the petitioners vide annexure P-B dated 21st
September, 2024. Therefore, the order passed by this Court stands
complied with. However, in case the petitioners are still aggrieved
3 2024:HHC:10787
by the said order, they are at liberty to file substantive petition(s) qua
the same.
4. However, before parting, it needs to be observed that
the respondents vide order dated 21st September, 2024 have
acknowledged that at least four biswas of land of the petitioners has
come in the right of way and for that, certain compensation has also
been worked out. Therefore, let at least, the admitted amount of
compensation be paid to the petitioners, as expeditiously as possible
and in no event later than 31st December, 2024.
5. In view of the above, the instant Execution petition
stands disposed of with liberty as aforesaid. Pending application, if
any, shall also stand disposed of.
(Tarlok Singh Chauhan)
Acting Chief Justice
(Satyen Vaidya)
Judge
6th November, 2024.
(mamta)
