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2025 DAILYLAW 21779 (HP)

SURINDER KUMAR v. NHAI AND ANOTHER

CMPMO/437/2025 · 2025-08-05

Bipin Chander Negi

body2025

Judgment text

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( 2025:HHC:26386 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CMPMO No. 437/2025 Decided on: 5.8.2025 Surinder Kumar …..Petitioners Versus National Highway Authority of India & anr. ....Respondents Coram: The Hon’ble Mr. Justice Bipin C. Negi, Judge. Whether approved for reporting?1 For the Petitioners: Mr. Nishant Khidtta, Advocate. For the Respondents: Ms. Shreya Chauhan, Advocate, for respondent No.1. ____________________________________________________________ Bipin C. Negi, Judge (oral) The present petition has been preferred against the impugned order, dated 1.7.2025 passed by learned District Judge, Kangra in Civil Miscellaneous Appeal No. 05- K/XIV/2024, (Annexure P-11), whereby the order passed by the learned civil Judge, District Kangra in CMA No. 842/2023 in Civil Suit No. 148/2023, titled as Surinder Kumar vs. National Highway Authority of India has been affirmed and the application of the petitioner filed under order XXXIX Rules 1 & 2 CPC has been dismissed. 2 I have heard the learned counsel for the petitioner and have also gone through the material available on record. 1Whether reporters of the local papers may be allowed to see the judgment? Yes. 2 3 From the perusal of the impugned order, specifically para 15, it is evident that the suit land has been acquired vide notification dated 6.8.2024, published in the official gazette. 4 In sequel to the aforesaid notification, another notification under Section 3D of National Highways Act, 1956 (for short, “the Act”) was published on 19.11.2024 in the official gazette. Subsequent thereto, an award of compensation under Section 3G of the Act was passed by the competent authority for land acquisition under the Act. The award bears number 1383 and is dated 31.12.2024. 5 In view of the aforesaid facts and attending circumstances, whereby it is evident that the suit land stands acquired, relief of injunction being sought in the present petition against the respondents is not maintainable and on this sole count, the instant petition being devoid of any merits is dismissed, so also the pending application(s), if any. (Bipin C. Negi) August 05, 2025 Judge (pankaj)