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2025 DAILYLAW 12522 (HP)

KALPNA AND ORS v. PRINCIPAL SECRETARY (POWER) TO THE GOVT OF HP AND ORS

CR/151/2022 · 2025-07-16

Satyen Vaidya

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

( 2025:HHC:22912 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Civil Revision No. 150 of 2022 & Civil Revision No. 151 of 2022. Decided on : 16 th July, 2025. 1. C ivil Revision No. 150 of 2022 Kalpana & Ors. ...Petitioners. Versus Principal Secretary Power to the Government of H.P. Ors. ....Respondents. 2 . C ivil Revision No. 151 of 2022 Kalpana & Ors. ...Petitioners. Versus Principal Secretary Power to the Government of H.P. Ors. ....Respondents. Coram: The Hon’ble Mr. Justice Satyen Vaidya, Judge. Whether approved for reporting?1 For the Petitioners: Mr. Dibender Ghosh, Advocate and Ms. Shashi Kiran, Advocate. For the respondents: Mr. Baldev Singh Negi, Addl. A.G. for respondents No.1 and 3. Mr. Vikas Misra, Advocate, for respondents No.2 and 4. Satyen Vaidya, Judge (Oral). Identical questions of facts and law are involved in both these petitions, hence, these are being decided by a common order. 1 Whether reporters of the local papers may be allowed to see the judgment? 2 ( 2025:HHC:22912 ) 2. The only grievance of the petitioners is against the order dated 21.03.2022 passed by the Collector Land Acquisition, whereby the said authority refused to make reference to the Reference Court under Section 18 and 19 of the Land Acquisition Act on the ground that the claim was time barred. 3. Under the scheme of Land Acquisition Act, 1894, the Collector does not hold jurisdiction to decide on merits of the claim when he is called upon to make a reference by a party under Section 18 of the Act ibid. The provisions of Section 19 of the said Act requires the Collector to state the necessary facts for the information of the Court and thereafter make the reference. It is for the Reference Court to decide the question inter se the parties touching upon the merits of the claim. 4. Accordingly, both these petitions are allowed and the order(s) dated 21.03.2022 (Annexure P-5 in both the petitions) are set aside. The Collector Land Acquisition is directed to make the reference to the Reference Court in accordance with law. (Satyen Vaidya) Judge 16th July, 2025. (jai)