Himachal Pradesh High Court
CWP/4447/2019 on 30 December 2019
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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)