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2025 DAILYLAW 27604 (HP)

NARENDER KUMAR v. STATE OF HP AND OTHERS

CMP.M/205/2025 · 2025-05-28

Gurmeet Singh Sandhawalia, Ranjan Sharma

body2025

Judgment text

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( 2025:HHC:16726 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CMP(M) No. 185 of 2025 alongwith CMP(M) Nos.203, 204 and 205 of 2025 Decided on: 28th May, 2025 ________________________________________________________ 1. CMP(M) No. 185 of 2025 Lachhi Ram ....Applicant/appellant. Versus State of H.P and others ...Respondents 2. CMP(M) No. 203 of 2025 Adam Ram ....Applicant/appellant. Versus State of H.P and others ...Respondents 3. CMP(M) No. 204 of 2025 Parsotam ....Applicant/appellant. Versus State of H.P and others ...Respondents 4. CMP(M) No. 205 of 2025 Narender Kumar ....Applicant/appellant. Versus State of H.P and others ...Respondents ___________________________________________________________ Coram Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice Hon'ble Mr. Justice Ranjan Sharma, Judge Whether approved for reporting? 1 CMP(M) No. 185 of 2025 alongwith CMP(M) Nos.203, 204 and 205 of 2025 For the Applicants/appellants: None. For the respondent-State Mr. Anup Rattan, Advocate General with Mr. Rakesh Dhaulta, Additional Advocate General. 1 Whether reporters of Local Papers may be allowed to see the judgment? - 2 - G.S. Sandhawalia, Chief Justice (Oral) CMP(M) No. 185 of 2025 alongwith CMP(M) Nos.203, 204 and 205 of 2025 Keeping in view the averments made in the application(s), which are duly supported by the affidavit(s), the delay in filing the present appeals is condoned. The applications stand disposed of. LPA Nos. 266,267,268 and 269 of 2025 The present set of Appeals are directed against the order(s) of the learned Single Judge passed on 07.08.2024 in CWP Nos. 6242 of 2024 [CMP(M) No.185 of 2025], 6204 of 2024 [CMP(M) No.203 of 2025], 6205 of 2024 [CMP(M) No. 204 of 2025] and CWP No. 6245 of 2024 [CMP(M) No. 205 of 2025], whereby the challenge laid to the notice dated 27.06.2024 had been rejected, whereby compensation was sought for the structures, which are allegedly in the shape of building, which was stated to be there at the time of acquisition. 2. Learned single Judge has found that the constructions were not there on the date of notification dated 03.06.2019 under Section 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short “the Act”) and therefore dismissed the Writ petitions by noting that the relief prayed for can not be allowed in the Writ petitions in exercise - 3 - of jurisdiction under Article 226 of Constitution of India. 3. Once the disputed questions of fact as such have arisen, we do not find any plausible ground as such to take a different view from what has been taken by the learned Single Judge. Otherwise also, Mr. C.D Negi, learned counsel submits that files have been taken from him by the appellants, so this is another reason as such to dismiss the present Appeals for non-prosecution. 4. In view of the above, the present Appeals are dismissed alongwith pending applications, if any. Copy of this judgment be placed in all the connected matters. ( G.S. Sandhawalia ) Chief Justice 28th May, 2025 ( Ranjan Sharma ) (priti) Judge