IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.5055 of 2026 Decided on: 2nd June, 2026 ------------------------------------------------------------------------------------- Asha Devi …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Amrit, Advocate vice Mr. Gaurav Sharma, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Ms. Menka Raj Chauhan, Deputy Advocate General, for respondents No.1 and 3-State. Mr. Janak Raj, Central Govt. Counsel, for respondent No.2. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Petitioner has prayed for grant of following substantive reliefs:- “a). A writ of mandamus may kindly be issued to respondent no.1 directing them to grant powers of the collector to the respondent No.3 for the quick disposal of cases pending in the office of respondent no.3. b). A writ of mandamus may kindly be issued to the respondent No.1 to decide the letters dated 16/11/2024 and 7/5/2025 within a time bound period. 1 Whether reporters of print and electronic media may be allowed to see the order? Yes 2 c). That the respondent no.3 be directed to decide the petition u/s 28-A of petitioner alongwith other petitions in a time bound period.” 2. Gist of petitioner’s grievance raised in this writ petition was noticed in the following order passed in this matter on 10.04.2026:- “Notice. Mr. Y.P.S. Dhaulta, learned Additional Advocate General and Mr. Janak Raj, learned Central Government Standing Counsel, appear and waive service of notice on behalf of respondents No. 1 & 3 and respondent No.2, respectively. 2. Petitioner has highlighted a pathetic state of affairs where her case preferred under Section 28(A) of the Land Acquisition Act, 1894 instituted in the year 2018 is still pending adjudication before respondent No.3 i.e. Tehsildarcum- Land Acquisition Officer, Railway, Una, District Una, H.P. In fact, petitioner has placed on record list of 431 cases pending adjudication before the said authority under Section 28(A) of Land Acquisition Act. The oldest case in the aforesaid list dates back to the year 2009. The cases pertain to years 2009, 2010, 2011, 2012, 2013, 2014, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024 and 2025. 3. Documents appended alongwith writ petition reflect that respondent No.3 on 16.11.2024 had requested respondent No.1 to confer him with powers of Collector under the Land Acquisition Act in order to decide the pending cases (approximately 500) under Section 28 (A) of the Land Acquisition Act. This request was again made on 07.05.2025. Learned counsel for the petitioner apprised that for want of conferment of power of Collector, respondent No.3 is not in a position to decide the pending cases. 4. Not taking any steps for years together, in the case almost two decades, for conferring the power of Collector upon respondent No.3 consequently keeping the docket of cases under Section 28(A) of the Land Acquisition Act pending & ever growing since 2009, cannot be countenanced. Respondents through learned Additional Advocate General are directed to take immediate required remedial steps so that pending 3 cases can be expeditiously decided. Report in this regard be furnished by the next date. Name of Mr. Janak Raj, Central Government Standing Counsel for respondent No.2 be reflected in the cause list. List on 04.05.2026.” 3. Pursuant to the above order, learned Assistant Advocate General had placed on record a compendium of office instructions including letter dated 27.03.2026 from the Additional Chief Secretary-cum-F.C. (Revenue) to the Government of Himachal Pradesh, addressed to the Deputy Commissioner, Una, clarifying that powers of Collector under Section 3(c) of the Land Acquisition Act, 1894 were conferred upon the Assistant Commissioner, Una under notification dated 17.04.1998; The notification still continues to be in force; Such powers have never been withdrawn from the Assistant Commissioner. The letter further records that a notification issued by the State Government on 28.01.2015 is also applicable, whereby all Land Acquisition Officers by virtue of the post, have been empowered to exercise the power of Collector under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Pursuant to the above office letter, the Land Acquisition Officer (Railway), Una has addressed office 4 communication dated 23.04.2026 to the Deputy Chief Engineer (Const-I), Northern Railway, Chandigarh, conveying conferment of powers of Collector under the Land Acquisition Act, 1894 upon the Land Acquisition Officer (Railway), Una; That the case of the petitioner filed under Section 28-A of the Land Acquisition Act has been fixed for hearing on 18.07.2026. 4. The above office communications have redressed the grievance of the petitioner. Accordingly, this writ petition is disposed of with hope and trust that the competent authority(s) shall decide the pending case of the petitioner under Section 28-A of the Land Acquisition Act in accordance with law as expeditiously as possible, but in any case, not later than three months from today. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua June 02, 2026 Judge Mukesh