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2025 DAILYLAW 6920 (HP)

PREM SINGH v. NHAI AND OTHERS

CWP/2805/2024 · 2025-01-01

Sandeep Sharma

body2025

Judgment text

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2025:HHC:146 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.2805 of 2024 Date of Decision: 01.01.2025 _____________________________________________________________________ Prem Singh ……...Petitioner Versus National Highway Authority of India & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Maan Singh, Advocate. For the respondents: Mr. Rajan Kahol, Mr. B.C Verma & Mr. Vishal Panwar, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General, for respondents/ State. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Maan Singh, learned counsel representing the petitioner is that though respondent No. 1 has used the land of the petitioner for construction of bridge, but without acquiring the same, as a result thereof, no compensation has been paid to the petitioner till date. 2. Pursuant to notices issued in the instant proceedings, respondents No. 2 & 3 filed reply, w herein factum with regard to use of land of the petitioner for construction of bridge stands duly acknowledged. 2025:HHC:146 3. On 20.12.2024, this Court, having perused the copy of affidavit dated 21.12.2024 executed by the petitioner in response to communication received from respondent No. 1-NHAI, whereby respondent No. 1-NHAI has agreed to acquire the land of the petitioner, called upon Ms. Shreya Chauhan, learned counsel for afore respondent, to obtain written instructions. 4. Pursuant to afore order, Ms. Shreya Chauhan, Advocate, has made available copy of E-mail received from Project Director, National Highway Authority of India, Mandi, wherein it has been stated that CALA, Pandoh has recommended the acquisition of the remaining land and approval from the competent authority is being sought. While fairly admitting that the communication stands issued by respondent/NHAI, thereby calling upon the petitioner to execute the affidavit, Ms. Shreya Chauhan, learned counsel for respondent/NHAI, states that since decision has already been taken to acquire the land of the petitioner for the construction of bridge, present petition has been rendered fructuous and the same may be disposed of accordingly. 5. Having taken note of factum of execution of agreement at the behest of petitioner, thereby giving his no objection qua acquisition of the land used for construction of bridge, coupled with the statement given by learned counsel for respondent-NHAI that pursuant to recommendation made by the CALA, Pandoh, matter already stands 2 2025:HHC:146 sent to the competent authority for approval, nothing remains to be adjudicated in the instant proceedings and accordingly, same is disposed of with a direction to respondent No. 1 to ensure that final decision with regard to acquisition of land is taken, expeditiously preferably within a period of six weeks and thereafter, due compensation is paid to the petitioner accordance with law. Pending applications, if any, stand disposed of. January 01, 2025 (Sandeep Sharma), (sunil) Judge 3