IN THE HIGH COURT OF HIMACHAL P RADESH, SHIMLA COPC No.436 of 2025 Date of Decision: 23.07.2025 ___________________________________________________________ Shri Om Parkash and Others ……...Petitioners Versus Sh. Abhishek Jain and Others …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? ____________________________________________________________ For the Petitioners: Mr. Romesh Verma, Sr. Advocate, with Mr. Pradeep Verma, Advocate. For the Respondents: Mr. Rajan Kahol, Additional Advocate General, with Mr. Ravi Chauhan, Deputy Advocate General, for respondents. ____________________________________________________________ Sandeep Sharma, J. (Oral) While placing on record communication dated 21.07.2025, issued under the signatures of Executive Engineer, Ghumarwin Division, HPPWD, Ghumarwin, Mr. Rajan kahol, learned Additional Advocate General, states that pursuant to order dated 07.07.2025 passed by this Court, matter was taken-up with the Government of Himachal Pradesh vide letter dated 19.07.2025, who conveyed its approval that the acquisition in the matter is to be treated as deemed acquisition. He further states that necessary directions also stand issued to Land Acquisition Officer (MZ) HPPWD, Mandi, by the higher authority vide letter dated 19.07.2025 to assess the amount of compensation with respect to land of petitioner which stands utilized by the respondents and after assessment of amount of 2 compensation and receipt of LOC from higher authority, amount of compensation shall be paid to the petitioners as per their share at the earliest. 2. Having perused afore communication as well as documents annexed therewith, which are taken on record, this Court finds merit in the contention of learned Additional Advocate General. Though respondents vide aforesaid communication have conveyed approval that the acquisition in the matter is to be treated as deemed acquisition, but to assess the amount of compensation, land actually used for construction of road is to be demarcated in terms of mandate contained in the judgment, alleged to have been violated, which has been not done in the case at hand. 3. Learned Additional Advocate General states that assessment of compensation, which is to be paid in terms of Award No.1 of 2018 dated 21.03.2018, shall only be paid after ascertaining the extent of land used for construction of road, which otherwise can be done only by demarcating the land on the spot. He states that demarcation of the land shall be conducted expeditiously, preferably, within a period of four weeks. 4. Consequently, in view of the above, nothing remains to be adjudicated in the instant proceedings and accordingly the same are closed with the direction to Executive Engineer, Ghumarwin Division, 3 HPPWD, Ghumarwin, to get the land of the petitioners used for construction of road demarcated within a period of four weeks and thereafter compensation in terms of Award No.1 of 2018 dated 21.03.2018, be paid expeditiously, preferably, within a period of one month. Notices discharged. List for compliance on 08.10.2025. July 23, 2025 (Sandeep Sharma), (Rajeev Raturi) Judge