2025:HHC:22849 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA LPA No. 340 of 2025 Decided on: 11.07.2025 __________________________________________________________ Dr. Ramandeep Singh and another ...Appellants Versus State of H.P. and others ...Respondents Coram Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice Hon’ble Mr. Justice Ranjan Sharma, Judge 1Whether approved for reporting?. For the appellants: Mr. Sanjeev Bhushan, Senior Advocate with Mr. Vinod Kumar Thakur, Advocate. For the respondents: Mr. Sidharth Jalta, Deputy Advocate General for respondents No. 1 and 4. Ms. Shreya Chauhan, Advocate, for respondents No. 2 and 3. G.S. Sandhawalia, Chief Justice [Oral] The present Letters Patent Appeal is directed against the order passed by learned Single Judge in Civil Writ Petition No.7306 of 2021, titled Dr. Ramandeep Singh and another versus State of Himachal Pradesh and others, decided on 15.05.2024 and also against the orders passed in Review Petition No.45 of 2024, decided 1 Whether reporters of Local Papers may be allowed to see the judgment? 2025:HHC:22849 - 2 - on 28.03.2025. The learned Single Judge has relegated the petitioner to the remedy as provided by the State due to the constitution of the Committee, which is to be headed by the Deputy Commissioner, as per Notification dated 08.06.2020. The same has been done on account of the fact that the flats owned would not be habitable though they were beyond the right of way (RoW) of the road or highway which has been constructed by the NHAI for which the writ petition was filed. 2. Counsel for the appellant submitted that on earlier occasion, for some portion, the compensation was paid as some of the portion came in the right of the way but beyond that area, the damage is extensive and the building is not subject to habitation, as such, and there is restriction and the building will not become livable. Keeping in view the fact that disputed questions would arise as to the amount of compensation which cannot be assessed in the writ petition. Therefore, we are of the considered opinion that the learned Single Judge has rightly relegated the petitioner to the remedy provided by the State. The Notification dated 08.06.2020, reads as under:- 2025:HHC:22849 - 3 - “Notification” The Governor, Himachal Pradesh is pleased to order to constitute the following committee to resolve and sort out all issues including the issues of assessing the damage occurred to private land, buildings and structures beyond RoW due to construction of Four Laning Projects of NHAI in the State of Himachal Pradesh: 1) Deputy Commissioner of the District Chairman 2) Superintending Engineer, HPPWD (in whose area substantial land acquisition Will happen if district has more than one S.E) Member 3) Executive Engineer, concerned NH Division Member 4) Project Director-NHAI, concerned area Member 5) NHAI Contractor, concerned area Member 6) Sub Divisional Magistrate/CALA concerned Convener of the Committee The Deputy Commissioners are requested to hold monthly review meeting with the representatives of NHAI and concerned departments to sort out all issues.” 3. Learned Single Judge has also taken into consideration report of the SDM and the following directions were made: “7. Consequently, in view of the detailed discussion made hereinabove, coupled with the fact that Committee already stands constituted for assessment of damages, this Court deems it fit to dispose of the present petition, reserving liberty to petitioner to file claim before the aforesaid Committee, within a period of two weeks, which in-turn shall decide the same expeditiously, preferably within a period of two weeks. Needless to say, authority concerned while doing the needful shall afford an opportunity of hearing to the petitioner and pass detailed speaking order. While ascertaining the damage, if any, afore Committee shall also take into consideration the status report dated 21.11.2023 submitted by respondent No.4 in the instant proceedings, which clearly reveals that on account of construction of National Highway, huge irreparable damage has been caused to the building in question, as a result thereof, it has become totally uninhabitable.” 2025:HHC:22849 - 4 - 4. It has further been directed by learned Single Judge that since there was an inspection done under the order of this Court and there is already a report dated 21.11.2023 by the official respondents, the same would also be taken into consideration by the Committee. 5. It is settled principle that the Writ Court would not enter into arena of disputed issues. The fact remains to be verified which portion comes in the right of way; which is beyond the right of the way; cost of construction and the value of the land and, therefore, we are of the considered opinion that the order passed by learned Single Judge does not suffer from any illegality or infirmity and we do not find any plausible reason to interfere in the well reasoned order passed by the learned Single Judge. Accordingly, present appeal is dismissed. Pending miscellaneous application(s), if any, also stand disposed of. (G.S. Sandhawalia) Chief Justice (Ranjan Sharma) Judge July, 11 2025 [himani/Shivender]