Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.8660 of 2023
Decided on 17th September, 2025 Sumitra Devi
Petitioner Versus State of Himachal Pradesh and another
…Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioner: Mr. C.D. Negi, Advocate.
For the respondents: Mr. Sumit Sharma, Deputy Advocate General, for respondent No.1.
Mr. Yashveer Singh Rathore, Advocate, for respondent No.2.
Ajay Mohan Goel, Judge (Oral)
By way of this writ petition, the petitioner has prayed for the following reliefs:- (i) That the respondents may kindly be directed to acquire the land of the petitioner as contained in Khata-Khtauni No.35/34 & 34/34, Khasra No.78, 79 measuring 00-10-58 hect., 00-02-60 hect., situated at Up Mohal Virat Nagar, Thesil Jubbal, District Shimla, Himachal Pradesh with further direction to pay appropriate and fair compensation to the petitioner.
(ii) That the respondents may kindly be directed to pay the market value of the entire land as per section 27 of Right to Fair Compensation and Transparency in Land Acquisition, rehabilitation and Resettlement Act,
2013.
2
(iii) That the respondents may kindly be directed to determine the highest rate of the land in question.
(iv) That the respondents may kindly be directed to award all statutory benefits as payable under section 26 to 30 of Right to Fair Compensation and Transparency in Land Acquisition, rehabilitation and Resettlement Act, 2013.”
2.
Today, when the matter was taken up for
consideration, learned counsel appearing for respondent No.2 apprised the Court that the respondent intend to acquire 328 sq. meter of the land of the petitioner.
3.
Learned counsel for the petitioner submits that the same be acquired, but on the rate as it now stands enhanced by this Court pursuant to the fixation of the award amount by way of an award which was assailed by way of a Reference, which culminated into the judgment of this Court in RSA No.368 of
2014.
4.
Accordingly, this petition is disposed of with the direction that let 328 sq. meter of the land of the petitioner be acquired and compensation be paid to her in terms of the compensation which has been fixed in earlier matter by this Court in RFA No.368 of 2014, which will put a quietus to the issue
3 between the petitioner and the respondents. It is clarified that hereinafter, the petitioner shall not claim any further compensation with regard to land subject matter of this petition. Pending miscellaneous applications, if any, also stand disposed of.
(Ajay Mohan Goel)
Judge September 17, 2025 (Vinod)