Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 321 of 2025
Date of Decision: 06.01.2026. State of H.P.
.....Petitioner Versus Tara Chand & Ors. …..Respondents Coram The Hon’ble Mr. Justice Bipin Chander Negi, Judge. Whether approved for reporting?1 For the Petitioner : Mr. Raj Kumar Negi & Mr.
Diwakar Dev Sharma, Additional Advocates General.
For the Respondents : Mr. Ashwani Pathak, Senior Advocate, with Mr. Dev Raj, Advocate, for respondents No. 1 to 7. Mr. Sumit Sharma, Advocate, for
respondent No.8. Mr. Anil Kumar God, Advocate, for respondent No.9. Bipin Chander Negi, Judge
(oral).
Heard counsel for the parties perused the impugned order and the documents appended alongwith the present petition.
2. Suffice it to state that by way of the present petition, the State has assailed the order dated 04.04.2025, i.e., Annexure P-10 placed at Page No.116 of the paper book. The Additional District Judge-I, Solan, District Solan, H.P., vide order dated 04.04.2025, had directed the State to make payment with respect to an 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes
2 acquisition based on a decision of the Hon’ble Apex Court dated 20.09.2024, in Civil Appeal No.10662 of 2024, arising out of Special Leave Petition (Civil) No.14286 of 2022. However, subsequently vide judgment dated 06.12.2024, passed by the Hon’ble Apex Court, in Civil Appeal No.10662 of 2024. The Apex Court held that the direction to the State to make payments in terms of judgment dated 20.08.2024, passed in Civil Appeal No.10662 of 2024 is not to be treated as a precedent.
3. Other than the aforesaid, similar relief as has been granted vide the impugned order dated 04.04.2025, in the case at hand was being sought by the petitioners in CMPMO No. 325 of 2025, titled Tohnu Ram (deceased) through LRs & Anr. Vs. Ultra Tech Cement & Anr. The said contentions of similarly situated individuals like the present respondents were rejected.
4. In view of aforesaid and for the reasons alike, the present petition is allowed and disposed of and the impugned order dated 04.04.2025, is quashed and set aside. Pending application(s), if any, shall also stand disposed of.
(Bipin Chander Negi)
Judge 06th January, 2026
(Shamsh Tabrez)