2025:HHC:2732 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.16591 of 2024 Date of Decision: 10.1.2025 _____________________________________________________________ Raj Kumar and Ors. ……...Petitioners Versus National Highway Authority of India and Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioners: Mr. Rajnish Maniktala, Senior Advocate with Mr. Dinkar Bhaskar, Advocate. For the respondent: Mr. K.D. Shreedhar, Senior Advocate with Ms. Shreya Chauhan, Advocate, for respondents No. 1 and 2. Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.c. Verma, Additional Advocates General and Mr. Ravi Chauhan, Deputy Advocate General, for the State. Mr. Balram Sharma, Deputy Solicitor General of India, with Mr. Rajeev Sharma, Advocate, for respondent No.4. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Precisely, the grouse of the petitioners, as has been highlighted in the petition and further canvassed by Mr. Rajnish Maniktala, learned senior counsel for the petitioners is that till date, respondents have not passed award under the 2nd and 3rd Schedule of Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act 2013 ( in short “the Act”), but yet 2025:HHC:2732 - 2 - they are being compelled to vacate their property. Though Mr. Maniktala, while fairly admitting factum with regard to acquisition of the property in question, submits that since it is mandatory under law to pass Rehabilitation and Resettlement award under the 2nd and 3rd Schedules of the Act, respondents cannot be permitted to dispossess the petitioners till the time they are provided certain benefits/incentives under the award. 2. Pursuant to notices issued in the instant proceedings, respondents No. 1 to 4 have filed reply, wherein it has been stated that once property stands acquired vide award dated 29.6.2022 and compensation already stands released, petitioners herein cannot be permitted to stall the work of National Highway, however Mr. Shreedhar, learned Senior counsel was unable to dispute that till date, no award has been passed under the 2nd and 3rd Schedules of the Act, whereby certain benefits are required to be provided to the persons whose property has been acquired for construction of the road. 3. True, it is that award is to be passed by respondent No.3 but amount qua the same is to be paid/deposited by NHAI. Since properties of the petitioners already stand acquired and same is to be used for construction of National Highway, work whereof is in full swing, though this Court is not inclined to accept the prayer made by the petitioners to stop the NHAI from taking possession, but taking note of the fact that petitioners herein are entitled to certain benefits 2025:HHC:2732 - 3 - under the Act, present petition is disposed of with direction to respondent No.3/CALA to initiate process for passing award under 2nd and 3rd Schedules of the Act expeditiously and in that regard, public notices shall be issued within a period of fifteen days, thereby calling upon claims from the affected families and after receipt of award, further thirty days’ time shall be given to them for submission of claims. It is further ordered that after submission of claims and disposal of the objections, if any, award in terms of aforesaid 2nd and 3rd Schedules of the Act, shall be passed, within a period of one month. It is further clarified that though process of passing award, in terms of directions contained herein above, may go on, but in any eventuality, vacant possession of the houses/structures shall be handed over by petitioners to respondent-NHAI on or before 20.2.2025 so that construction of National Highway is not unnecessarily delayed. Pending applications, stand disposed of. January 10, 2025 (Sandeep Sharma), manjit Judge