IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 8431 of 2025 Decided on 11st August 2025 Vinod Sharma …Petitioner Versus State of Himachal Pradesh and others …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioner: Mr. Ganesh Barowalia, Advocate. For the respondents: Mr. Pushpinder Jaswal, Additional Advocate General, respondents No.1, 4 and 6-State. Mr. Balram Sharma, Deputy Solicitor General of India, for respondent No.2. Ms. Shreya Chauhan, Advocate, for respondents N.3 and 5. Mr. H.R. Thakur, Advocate, for respondent No.6. Mr. Janesh Gupta, Advocate, for respondents No.7 to 9. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner inter alia, has prayed for the following reliefs:- “(A) Issue a writ of Mandamus directing Respondent Nos. 1-6, to forthwith and without further delay, demolish and completely half- dismantled dilapidated structures bearing CC-Nos. 82 to 106, with particular reference to CC-Nos. 83 2 and 94, situated at Village Balh (Adhe Di Hattian), PO Kohala, Tehsil Jawalamukhi. District Kangra, H.P., & further restore the entire acquired land building to a safe, debris-free, hazard-free and levelled condition within a time bound period. (B) Pass appropriate writ directing respondents no.1 to 6 restraining Respondent Nos. 7-9 (awardees for CC-Nos. 83 & 94) and all persons acting through or under them from undertaking, permitting or continuing any re-construction, repair, re-erection, alteration, painting, white-washing or other activity on the structures for which compensation has been paid, or on any other portion of the acquired land/building with further direction to the respondents to cancel or withhold any and all building permissions, approvals, no- objection certificates, or other statutory clearances already granted in respect of these structures, and to take coercive action (including demolition of any newly erected structures) if such unauthorized constructions have been carried out. (C) Appoint a Local Commissioner or independent technical expert (civil engineer or architect) to Inspect the site of the half-dismantled buildings; Prepare a detailed report on structural integrity, public safety risks, and required demolition procedures; Supervise and certify completion of demolition and clearance work in accordance with the Award and statutory norms, with the further direction that the Commissioner's report and all photographs, videos, and certificates of completion be filed in this Court within a time bound manner. (D) Award compensation in favour of the petitioner For mental agony, harassment, and threat to life, in a sum to be quantified by this Hon'ble Court; For costs of litigation, including counsel fees, in an appropriate lump sum; For any future losses, injury or damage caused by collapse or fall of debris, with liberty to apply for additional compensation if required.” 3 2. Learned counsel for the petitioner as well as learned counsel appearing for National Highways Authority of India submit that despite the fact that the owners of the structures mentioned in Para-A of the relief clause have been duly compensated, however, they are not vacating the premises, as a result whereof, the authorities are not in a position to demolish the structures. 3. On the other hand, learned counsel appearing for the private respondents has strenuously argued that though the said respondents have been compensated for the structures, but they have not been compensated for the land upon which the said structures are built. 4. Be that as it may, taking into consideration the fact that the structures vis-à-vis which this writ petition has been filed, have been duly acquired in accordance with law and the owners thereof have been compensated by the National Highways Authority of India, this Court is of the considered view that the previous owners of the said structures have no right in law or even otherwise to remain in possession thereof as once the structures stand acquired by the NHAI, the NHAI becomes owner thereof and the possession of the erstwhile owners otherwise is rendered bad in law. 4 5. 4 5. Therefore, this writ petition is disposed of with the direction that let the said structures mentioned in the petition qua which the complete compensation has been paid to the erstwhile owners be demolished forthwith and if any person creates any hindrance in the demolition of the said structures, then, the same shall be deemed to be the contempt of the orders passed by this Court. It is again clarified that only those structures may be demolished by the NHAI vis-à-vis which complete compensation has been paid to the erstwhile owners. (Ajay Mohan Goel) Judge August 11, 2025 (Vinod)