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2025 DAILYLAW 15263 (HP)

RAJESH AHULWALIA v. THE STATE OF HP AND ANOTHER

CWP/10432/2025 · 2025-07-01

Ajay Mohan Goel

body2025

Judgment text

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2025:HHC:20700 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.10432 of 2025 Decided on: 01.07.2025 Rajesh Ahulwalia … Petitioner Versus State of Himachal Pradesh & another … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioner : Mr. Vipin Pandit, Advocate. For the respondents : Mr. Pushpinder Jaswal, Additional Advocate General, for respondent No.1-State. M/s Shreya Chauhan and Sneh Bhimta, Advocates, for respondent No.2. Ajay Mohan Goel, Judge (Oral) Notice. Mr. Pushpinder Jaswal, learned Additional Advocate General and Ms. Shreya Chauhan, learned counsel, accept notice on behalf of respondents No.1 and 2, respectively. 2. With the consent of the parties, the petition is being disposed of at this stage itself. 3. By way of this petition, the petitioner has, inter alia, prayed for the following relief:- “a) directing respondent No.1 to decide the applications made by petitioner with regard to assessing damages caused to the land of petitioner by respondent No.2 as 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:20700 find mention in annexure P-1 to P-10, required to be done by respondent No.1 on account of annexure P-7 within period of 3 months, from the date of decision of the petition.” 4. Learned counsel for the petitioner submits that in the light of the issues raised by the petitioner in this writ petition, interest of justice would be served in case this petition is disposed of by issuance of a direction to respondent No.1 to decide the representation(s) filed by the petitioner, seeking damages caused to the property of the petitioner on account of the activity carried out by respondent No.2, which land of the petitioner is situated beyond the ROW. Learned counsel further submitted that his matter is before the Committee since long, but till date nothing has been heard by him from the Committee. 5. It is not in dispute that Governor of Himachal Pradesh has constituted a Committee to resolve and sort out all the issues including the issues of assessing the damages occurred to the private land/building and structures beyond the ROW due to the construction of four-lane projects of National Highway Authority of India in the State of Himachal Pradesh. The Committee has been constituted in terms of Notification, dated 08.06.2022. 6. Accordingly, this petition is disposed of with the direction that the petitioner shall file a fresh representation with 3 2025:HHC:20700 regard to the assessment of damages purportedly caused to his property in the course of construction of the four-lane by National Highway Authority of India before the Chairman of the Committee within a period of two weeks from today and let an appropriate decision be taken thereupon by the Committee concerned within a period of six weeks as from the date of receipt thereof by giving an opportunity of hearing to all the stake holders in accordance with law. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge July 01, 2025 (Rishi)