2025:HHC:7757 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 15808 of 2024 Decided on : 26.03.2025 M/s Preet Hotels (P) Ltd. and another. …Petitioners Versus National Highway Authority of India and others. …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?1 For the petitioners : Mr. Maan Singh, Advocate. For the respondents : Ms. Shreya Chauhan, Advocate, for respondents No.1 & 2. Mr. Sumit Sharma, Deputy, Advocate, General, for respondent No.3. Mr. Vikas Rathore, Advocate, for respondents No.4, to 6. Mr. Sanjay Dalmia, Advocate, for respondent No7. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioners have, inter alia, prayed for the following reliefs:- “(I) That Annexure P-5, dated 7.12.2024, may kindly be quashed and set aside. (II) That respondent No.3 may kindly be directed to 1Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:7757 make reference to the Principal Civil Judge, Kullu, qua the dispute arisen inter se petitioner and private respondents.” 2. The grievance of the petitioners is that vide Annexure P-5, Collector/Competent Authority, (SLAU) NHAI Pandoh, District Mandi, has refused to refer the case qua the apportionment of the compensation intra the petitioners and the private respondents on the ground that in terms of the directions passed by this Court in CWP No. 945 of 2019, while dismissing the writ petition, as being not maintainable and while granting liberty to the parties to get their rights adjudicated before the Civil Court or to take recourse to such remedies as may be available to them under law, no direction was given to the said Authority by this Court to refer the case under Section 3-H(4) of National Highway Act, 1956 to the District Judge/Principal Civil Court and, therefore, the Authority is unable to take any action. 3. Having heard learned counsel for the parties and taking into consideration the statutory provisions of the National Highway Act, 1956, as it is salutary duty of the Authority to follow the provisions of Section 3-H(4) of National Highway Act, 3 2025:HHC:7757 1956, in case, a situation so arises, which entails compliance thereof, the Authority is legally bound to refer the matter qua the apportionment of the compensation amount to the Principal Civil Court and for this, in the considered view of this Court, no direction per se is required of any Court. 4. 4. Accordingly, this writ petition is disposed of with the direction that now let an appropriate reference be made by the Authority concerned to the learned District Judge/Principal Civil Court, Kullu, in terms of the provisions of Section 3-H(4) of National Highway Act, 1956. Pending miscellaneous applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge March 26, 2025 (Shivank Thakur)