Himachal Pradesh High Court
CWP/2533/2010 on 29 December 2016
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.: 2533 of 2010
Date of Decision: 29.12.2016 __________________________________________________________ ____________ Smt. Kamlesh
…..Petitioner.
Vs. State of Himachal Pradesh and others
…..Respondents.
Coram:
The Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?1 No. For the petitioner: Mr. Ramesh Sharma, Advocate.
For the respondents: Mr. Varun Chandel, Additional Advocate General, with Mr. Puneet Rajta, Deputy Advocate General.
Ajay Mohan Goel, Judge (Oral):
Heard for some time.
2. Mr. Ramesh Sharma, learned counsel for the petitioner submits that another similarly situated person, namely, Smt. Shakuntla Devi had filed CWP No. 2535 of 2010 in this Court praying for same and similar relief as has been prayed for by the petitioner in the present writ petition and the said writ petition was dismissed by this Court vide its judgment dated 01.11.2010, which was assailed before the Hon’ble Supreme Court and the Hon’ble Supreme Court vide its judgment dated 2nd March, 2016, has passed the following directions:
Whether the reporters of the local papers may be allowed to see the Judgment?
“11. In the above circumstances, we are of the view that in the peculiar facts and circumstances of the case and for doing complete justice, the appellant should be given an opportunity to make a request for reference under Section 18 of the Act before the Land Acquisition Collector for enhancement of compensation and for all other original benefits in respect of the Supplementary Negotiated Award.
12. If such an application for reference is made before the Land Acquisition Collector who passed the Award within four weeks, the same shall be referred to the Court of competent jurisdiction within a month thereafter and the said Reference Court shall dispose of the reference expeditiously and preferably with a period of six months thereafter.”
3. He further prays that this petition may also be disposed of in view of the directions so passed by the Hon’ble Supreme Court and by permitting the petitioner also to avail an opportunity to make a request for reference under the Land Acquisition Act before the Land Acquisition Collector for enhancement of compensation and for all other original benefits in respect of the Supplementary Negotiated Award.
4. Keeping in view the fact that the matter is squarely covered by the judgment of the Hon’ble Supreme Court in Civil Appeal No. 2043 of 2011, dated 02.03.2016, which judgment has been passed by the Hon’ble Supreme Court in an appeal filed by a similarly situated person, as the present petitioner, this writ petition is disposed of with a direction that the petitioner is at liberty to make a request for reference under Section 18 of the Land Acquisition Act before Land Acquisition Collector for enhancement of compensation and for all other original benefits in respect of the Supplementary Negotiated Award. It is further directed that if such an application is filed for the purpose of reference before the Land Acquisition Collector who passed the award, by the present petitioner within a period of four weeks from today, then the same shall be referred to the Court of competent jurisdiction within one month thereafter and the said Reference Court shall dispose of the reference expeditiously and preferably within a period of six months thereafter. Miscellaneous application(s), if any, stands disposed of. No order as to costs.
Copy dasti.
(Ajay Mohan Goel)
Judge December 29, 2016 (bhupender)