Himachal Pradesh High Court

CWP/4447/2019 on 30 December 2019

Cites 0, Cited by 0

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

HON’BLE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CWP No.4447 of 2019 Decided on: 30.12.2019 Hige Singh ....…......Petitioner Versus Union of India and others ........Respondents _______________________________________________________________

Coram:

Hon’ble Mr. Justice L. Narayana Swamy, Chief Justice. Hon’ble Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner : Mr. C.D. Negi, Advocate. For the respondents : Mr. Rajesh Kumar Sharma, Assistnat Solicitor General of India, for respondents No.1 to 3/Union of India. Mr. Ashok Sharma, Advocate General, with Mr. Adarsh Sharma and Ms. Ritta Goswami, Additional Advocate Generals, for respondents No.4 & 5/State. ________________________________________________________________ L. Narayana Swamy, Chief Justice (Oral). Learned counsel appearing for the petitioner, submits that the land of the petitioner has been acquired for the purpose of widening/construction of road from Thopan to Akpa on NH-5. It is further submitted that the land of the petitioner has been acquired by the respondents without there being any notification qua the same. It is submitted that one 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

similarly situated person had filed CWP No.3626 of 2015 before this Court and the same came to be disposed of on 26.12.2016, with a direction to the respondents to complete the acquisition proceedings within a period of six months. Accordingly, the acquisition was completed and the Land Acquisition Collector Pooh-Cum-Additional District Magistrate, Pooh District Kinnaur, H.P. has passed award dated 26.02.2019 in Final Award No.4 of 2018 (Annexure P-2). It is stated that despite passing of the said award, the respondents have not deposited the award amount. Hence, the petitioner has filed the present petition, seeking directions to the respondents to deposit the award amount, along with statutory interest, as provided in the Right to Fair Compensation and Transparency in Land, Rehabilitation and Resettlement Act, 2013, (for short, “the Act”), as per award (Annexure P-2).

2. Mr. Rajesh Kumar Sharma, learned Assistant Solicitor General of India, appearing on behalf of respondents No.1 to 3/Union of India, seeks time to get instructions as to whether the award amount has been deposited or not.

3. We have heard learned counsel for the parties and gone through the record.

4. It is seen that when the acquisition was completed as per directions issued by this Court in CWP No.3626 of 2015

and the Land Acquisition Collector Pooh-Cum-Additional District Magistrate, Pooh District Kinnaur, H.P., has also passed award dated 26.2.2019 (Annexure P-2), the award amount has also to be deposited by the respondents and non-depositing of the same is contrary to the provisions of the Act. Compensation is right of a party and if there is any violation on the part of the respondents in depositing the same, it amounts to an arbitrary action on the part of the respondents which is violative of Articles 14, 21 and 308-A of the Constitution.

5. In the light of above, we dispose of the present writ petition with a direction to the respondents to deposit the award amount within a period of four weeks from today.

6. Pending application(s), if any, also stand(s), disposed of. Copy dasti.

(L. Narayana Swamy)

Chief Justice

(Jyotsna Rewal Dua) December 30, 2019

Judge (Yashwant)

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead