IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA COPC No. 649/2024 Decided on: 15.05.2025 Hari Ram ...…Petitioner Versus Abhishek Jain & Ors. …….Respondents …………………………………………………………………………………… Coram Hon’ble Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner : Mr. Romesh Verma, Sr. Advocate with Mr. Digvijay Bisht, Advocate. For the respondents: Mr. L.N. Sharma, Additional Advocate General. Jyotsna Rewal Dua, J. Following order was passed in this contempt petition on 28.03.2025:- “In this contempt petition, notices were accepted for the respondents on 29.10.2024. Despite repeated opportunities granted to the respondents, judgment delivered on 22.11.2022 in CWP No.2464/2021 (Hari Ram Vs. State of H.P. & Ors.) as affirmed by the dismissal of LPA No.242/2023 on 19.12.2023 (State of H.P. & Ors. Vs Hari Ram), has still not been implemented. The stand of the respondents as exhorted by learned Deputy Advocate General during several previous hearings has been that a Special Leave Petition has been preferred by the respondents. Taking note of the above, following order was passed in the matter on 24.02.2025:- 1 Whether reporters of the local papers may be allowed to see the judgment? Yes. 2 “The only defense taken by the respondents for not implementing the judgment dated 22.11.2022 in CWP No.2464 of 2021, as affirmed by the dismissal of LPA No.242 of 2023 vide decision dated 19.12.2023, is the filing of a Special Leave Petition before the Hon’ble Supreme Court. The reply was filed on 13.12.2024, however, neither the number of the SLP nor the interim order passed therein has been placed on record. Faced with the above, learned Deputy Advocate General seeks a week's time to place on record the orders passed by the Hon’ble Supreme Court in the SLP stated to have been filed by the respondents. List after one week.” 2. When the matter was taken up on 07.03.2025, learned Deputy Advocate General admitted that operation of the judgments, which have not been implemented by the respondents, had not been stayed. On her request, the matter was adjourned by two weeks to enable the respondents to implement the judgment in question. During the course of hearing today, learned Deputy Advocate General has placed on record office instructions dated 27.03.2025 from the Executive Engineer, HPPWD Division Arki stating that decisions in some of other similar matters have been stayed by the Hon’ble Apex Court. Admittedly the judgment passed in case of present petitioner has not been stayed till date. Hence final opportunity of two weeks is granted to the respondents to implement the judgment in question, failing which the respondents shall remain present in the Court on the next date of hearing. List on 22.04.2025.” 2. The above was followed by the order dated 22.04.2025, which reads as under:- “Respondents No.2 & 3 are present in person. Even though the judgment has not been implemented yet despite order dated 28.03.2025, respondent No.1 has not 3 attended today’s hearing. There is not even an application for exemption from appearance from the said respondent. This practice is strongly deprecated. Learned Additional Advocate General to apprise respondent No.1 about displeasure of the Court. Any such misadventure in future shall be viewed seriously. Respondents No.2 & 3 have placed on record letter dated 22.04.2025 and submit that it has now been decided to implement the judgment in question subject to the outcome of the SLP filed by the respondents before the Hon’ble Apex court. That Field Officers have been directed to process necessary papers alongwith draft notification under Section 11 of the Land Acquisition Act within three days. That upon receipt of necessary papers, notification under Section 11 of the Act will be issued within next one week. Officers present assure that all endeavours shall be made for expediting the passing of the award thereafter. In view of contents of letter dated 22.04.2025 and the submissions made by respondents No.2 & 3, list this matter on 9th May, 2025.” 3. Learned Additional Advocate General has placed on record a copy of notification dated 06.05.2025 issued under Section 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Learned Additional Advocate General assures that the respondents will conclude the land acquisition proceedings within the statutory period. 4. Taking note of notification dated 06.05.2025 and assurance given by learned Additional Advocate General, the present proceedings are closed at this stage. Notices issued to the 4 respondents are discharged. It is hoped and expected that the respondents will conclude the land acquisition proceedings within the statutory period. Liberty, however, is reserved to the petitioner to seek appropriate remedy, in case necessity so presents itself in future. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua Judge May 15, 2025 rohit