IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.6598 of 2021 Decided on 28th July, 2025 Sh. Amar Singh and others …Petitioners Versus Union of India and others …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioners: Mr. Neeraj Gupta, Senior Advocate, with Mr. Nitin Thakur, Advocate. For the respondents: Mr. Rajender Thakur, CGC, for respondent No.1. Mr. Pushpinder Jaswal, learned Additional Advocate General, for respondents No.2 and 4. Ms. Sneh Bhimta, Advocate, for respondent No.3. Mr. Sanjay Dalmia, Advocate, for respondent No.5. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioners have prayed for the following reliefs:- i) “Issue a writ of certiorari to quash the letter dated 09.08.2021, whereby the accounts of the petitioners have been frozen and quash the notice dated 05.10.2021 and further proceedings pursuant thereof pending adjudication before the Competent Authority for 2 Land Acquisition cum SDO (C), District Shimla, H.P., being void ab initio, illegal, arbitrary, unconstitutional and against the principles of natural justice and without jurisdiction and competence on the part of the competent authority. ii) Issue a writ of mandamus not to give effect to letter dated 09.08.2021, whereby the petitioners accounts have been frozen and notice dated 05.10.2021 may kindly be not given effect to and no further proceedings pursuant thereof be initiated before the Competent Authority for Land Acquisition cum SDO (C), District Shimla, H.P.” 2. When this case was listed on 25.10.2021, the following interim was passed:- “The applicants/petitioners to file translated/typed copies of annexures, which are in vernacular, by the next date of hearing. The applications are disposed of accordingly. CWP No.6598 of 2021 & CMP No.12496 of 2021 The contention of the learned Senior Counsel appearing for the petitioners is that the land of the petitioners was acquired for construction of National Highway No.22, way back in 2015, in accordance with the provisions of Sections 3A to 3G read with Sections 26 to 30 of the Rights to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. It is contended that not only the possession of the land was taken, but, the total compensation awarded in favour of the petitioners and other interested persons was paid way back in 2015. Now suddenly, the Land Acquisition Officer-cum-SDO(C) Shimla on 9th August, 2021, has issued a notice to the bankers of the petitioners i.e. UCO Bank and State Bank of India alleging overpayment to them and certain amount recoverable from their bank accounts. It is contended that notice to the petitioners has been issued on 5th October, 2021, calling upon them to appear before the Land Acquisition Officer-cum- 3 SDO(C), Shimla on 12th October, 2021, now it has been extended to 26th October, 2021. Learned Senior Counsel appearing for the petitioners relied upon the judgment of High Court of Madhya Pradesh, passed in W.P. No.8178 of 2020, titled Smt. Indrakala Agrawal and others vs. State of Madhya Pradesh and others, on 23rd April, 2021, wherein it has been held that once the award has been passed by the Land Acquisition Officer under the National Highways Act, he ceases to have any power to review the award, when it has become final. It is argued that the only remedy with the National Highways Authority is to approach the Arbitrator appointed by the Central Government, in accordance with the provisions of Section 3G(5) of the National Highways Act. Issue notice. Mr. Balram Sharma, learned Assistant Solicitor General of India, Ms. Seema Sharma, learned Deputy Advocate General, Mr. Saurabh Ahluwalia, learned Counsel, and Mr.Sanjay Dalmia, learned counsel, accept notice on behalf of respondent No.1, respondents No.2 & 4, respondent No.3 and respondent No.5, respectively. Notice be issued to respondents No.6 to 12, returnable within eight weeks, on taking steps within one week. In the meanwhile, operation of letter dated 9th August, 2012 (Annexure P-4) and notice dated 5th October, 2021 (Annexure P-6) shall remain stayed. Copy dasti.” 3. In the light of the fact that CWP No.2499 of 2022 has been dismissed by the Court today as not maintainable, this petition is disposed of by making order dated 25.10.2021 as absolute. (Ajay Mohan Goel) Judge July 28, 2025 (Vinod)