2025:HHC:20749 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.13337 of 2024 Decided on: 01.07.2025 Sharwan Kumar … Petitioner Versus Ministry of Road Transport and Highways & others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioner : M/s Ajay Kumar Chauhan and Ajay Singh Kashyap, Advocates. For the respondents : Mr. Rajinder Thakur, Central Government Counsel, for respondent No.1. Mr. Rahul Thakur, Deputy Advocate General, for respondents No.2 and 4 to 6-State. Mr. Rajiv Rai, Advocate, for respondent No.3. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:- “a. To issue a writ of Mandamus or direction in the nature there of directing the respondent No. 1 and 5 to acquire the land of petitioner over Khasra number 893 situated at Muhal Bassi-Kothi post office Cholthara Tehsil Sarkaghat District Mandi, Himachal Pradesh, along with structure and respondents may kindly be directed to acquire the land along with constructed house and to grant just compensation to the petitioner as per law of land. 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:20749 b. To issue a writ of mandamus or direction in the nature there of directing the respondents to assess the loss caused to the petitioner during construction of above mentioned road and petitioner may be adequately Respondents. compensated by the Respondents. c. To direct the respondents to produce all the relevant record pertaining to the present case.” 2. In terms of the averments made in Para-11 of the writ petition, the issue with regard to the assessment of the damage to the property of the petitioner is already pending consideration before the Deputy Commissioner, Mandi, District Mandi, H.P. It is also mentioned in this Para of the petition that on 08.07.2024, the Sub- Divisional Officer concerned as well as Tehsildar, Land Acquisition and other Officers and Officials visited the house of the petitioner and concluded that cracks had appeared in some part of the house of the petitioner due to land slide and the petitioner was also directed to vacate the house and move to some other safe area to avoid any mishap. 3. 3. At this stage, learned Deputy Advocate General has pointed out from the record that Deputy Commissioner, in turn, has sent a communication to the Principal Secretary, Public Works, to the Government of Himachal Pradesh, to constitute a Committee to assess the damage to the property of the petitioner, if any. 4. Therefore, this writ petition, as agreed, is disposed of with the direction that Secretary, Public Works, to the Government 3 2025:HHC:20749 of Himachal Pradesh shall constitute a Committee to assess the damage, if any, suffered by the property of the petitioner on account of construction of the National Highway. The Committee shall be constituted within a period of two weeks from today. The Committee so constituted shall visit the property of the petitioner within a period of three weeks as from the date of its constitution. It shall involve all the stake holders and thereafter, submit its report to the Secretary, Public Works, to the Government of Himachal Pradesh, who thereafter, shall pass appropriate orders with regard to payment of compensation, if any, to the petitioner in terms of the report submitted by the Committee. 5. At this stage, learned counsel for the petitioner submits that there is another issue involved, i.e. as far as certain other property of the petitioner is concerned, the same is also now under threat and for that purpose, construction of retaining wall is necessary by the respondents. In the light of the fact that no such prayer is made in the petition, this issue is left open and the petitioner may take up this issue with the Authority concerned independently. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge July 01, 2025 (Rishi)