2026:HHC:27691 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.16318 of 2024 Decided on: 09.07.2026 ------------------------------------------------------------------------------------- Sumitra Devi and Anr. …..Petitioner Versus Union of India and Ors. .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioners: Mr. Prem Chand Verma and Mr. Aakash Thakur, Advocates. For the Respondents: Mr. Balram Sharma, Deputy Solicitor General of India, for respondent No.1. Ms. Shreya Chauhan, Advocate, for respondents No.2 to 4. Mr. Anup Rattan, Advocate General with Ms. Seema Sharma, Deputy Advocate General for respondents No. 5 to 7. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Petitioners seek direction to the respondents to acquire the subject land owned by them in accordance with law. 2. The Case 2(i Sumitra Devi and Anr. Vs. Union of India 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 2026:HHC:27691 and Ors2 was instituted by the petitioners with the grievance that their land comprised in Khasra No. 945/585/297, measuring 0-8 biswas, situated at Mauza Barog, Tehsil Solan, Hadbast No.801, had been utilized by the respondents for four laning/widening of National Highway-22 (Parwanoo-Solan stretch), therefore, they are entitled to compensation. The writ petition was disposed of with liberty reserved to the petitioners to approach the Committee constituted by the State Government on 08.06.2020, by way of representation. The said Committee presided by the Deputy Commissioner of the concerned District (District Solan in the instant case) was constituted by the State Government to resolve all issues including issues of assessing the damages caused to private land, buildings and structures beyond the right of way, due to construction of four laning of road. In terms of the judgment, petitioners’ representation was to be decided by the Committee within the timeline mentioned therein. 2(ii) Petitioners submitted their representation (Annexure P-2). On record there is office communication dated 13.09.2023 (Annexure P-4) from the Sub Divisional Officer (Civil)-cum-Competent Authority Land Acquisition- 2 CWP No. 2574 of 2022, decided on 03.04.2023, 3 2026:HHC:27691 respondent No.-5 to the effect, that petitioners’ case did not pertain to damage to their land on account of construction of the road; That petitioners’ land was not beyond the right of way, rather it fell within the right of way and road actually traversed over the land in question. 2(iii) The Committee constituted by the State Government under notification dated 08.06.2020, headed by the Deputy Commissioner, District Solan, in its meeting convened on 07.12.2023 examined petitioners’ representation and, inter- alia, noted the stand of the National Highway Authority of India (NHAI) that it had only widened the existing road that was handed over by the State Public Works Department; That it had not utilized the un-acquired land of the petitioners; That demarcation of the land though had been conducted by the Assistant Collector Second Grade, Solan on 29/30.12.2022, but the NHAI had preferred an appeal against the said demarcation, therefore, petitioners’ representation be not decided till the outcome of the appeal. The Committee accordingly, deferred the decision of petitioners’ representation, awaiting the outcome of the appeal preferred by the NHAI against the demarcation conducted on 29/30.12.2022. 4 2026:HHC:27691 At this juncture, it would also be appropriate to refer to the demarcation report. The aforesaid demarcation report has been appended at Annexure P-7. As per this demarcation report, the land comprised in Khasra No.945/585/297 measuring 0-8 biswas was owned by the petitioners in equal shares; Road was in existence over un-acquired Khasra No.945/585/297/1 measuring 0- 4 biswas; Road was not constructed over the acquired land; Khasra No.945/585/297/2 measuring 0-3 biswas had become a complete sloppy land parcel, whereas, Khasra No.945/585/297/3 measuring 0-1 biswa had slided below the road. Thus, in terms of above demarcation report, road existed over un-acquired Khasra No.945/585/297/1 measuring 0-4 biswas, whereas, the other 0-4 biswas of land comprised in Khasra No.945/585/297/2 (0-3biswas) and Khasra No.945/585/297/3 (0-1 biswas) were not in their original shape and character. Appeal filed by the NHAI against the demarcation report was dismissed on 29.08.2024. No further appeal was carried by the respondent-NHAI. The demarcation thus, attained finality. 5 2026:HHC:27691 2(iv) In view of above, the Committee constituted by the State Government under notification dated 08.06.2020 under the Chairmanship of the Deputy Commissioner, District Solan, decided petitioners’ representation on 07.09.2024, holding that the land measuring 0-4 bighas (4 biswas) belonging to the petitioners had been utilized by the NHAI for widening and four laning of NH-22 (now new NH-05), therefore, petitioners were eligible for compensation for the same. On 21.09.2024 the Deputy Commissioner, District Solan, in his capacity as Chairman of the Committee, passed the order, awarding Rs. 6 lacs as compensation to the petitioners for utilization of their land comprised in Khasra No.945/585/297/1 measuring 0-4 bighas (4 biswas) for construction of road. The compensation was purportedly assessed on the basis of award No. 25 dated 31.03.2016 that was in respect of land acquired in Mouza Barog Hadbast No.801, Tehsil and District Solan. The compensation as assessed under order dated 21.09.2024 was eventually released to the petitioners pursuant to orders passed in Sumitra Devi and Anr Vs. Union of India and Ors3. Operative portion of the decision rendered in this execution petition preferred by the 3 Ex. Pet No. 555 of 2024 decided on 06.11.2024 6 2026:HHC:27691 petitioners reads as under:- “3. It is not in dispute that the Committee has now decided the representation of the petitioners vide annexure P- B dated 21st September, 2024. Therefore, the order passed by this Court stands complied with. However, in case the petitioners are still aggrieved by the said order, they are at liberty to file substantive petition(s) qua the same. 4. However, before parting, it needs to be observed that the respondents vide order dated 21st September, 2024 have acknowledged that at least four biswas of land of the petitioners has come in the right of way and for that, certain compensation has also been worked out. Therefore, let at least, the admitted amount of compensation be paid to the petitioners, as expeditiously as possible and in no event later than 31st December, 2024. 5. In view of the above, the instant Execution petition stands disposed of with liberty as aforesaid. Pending application, if any, shall also stand disposed of.” 2(v) Petitioners are now with the case that in terms of Sumitra Devi1 , their representation was to be decided by the Committee constituted on 08.06.2020 chaired by the Deputy Commissioner, Solan. The said Committee had come to the definite conclusion that the respondent-NHAI had utilized 4 biswas of petitioners’ land comprised in Khasra No.945/585/297/1 for construction and widening of the National Highway. Therefore, this land is required to be acquired in accordance with law and duly compensated 7 2026:HHC:27691 for. Vide order dated 21.09.2024 the Committee had only granted paltry compensation to the petitioners. The petitioners are entitled to due compensation in accordance with law for the utilization of their land by acquiring the same as per legal provisions. Monetary benefits consequent upon acquisition of land, would also require to be released in their favour. 3. Heard learned counsel for the parties and considered the case file. 4. It is an admitted position that Khasra No.945/585/297/1 (measuring 0-4 bighas) situated at Mouza Barog, Tehsil and District Solan, owned by the petitioners in equal shares, has been utilized by the respondent-NHAI for widening and four laning of the National Highway. However, this land parcel has not been acquired in accordance with law. Compensation of Rs. 6 lacs awarded on 21.09.2024 by the Committee constituted by the State Government on 08.06.2020, cannot be said to be the award in lieu of acquisition of petitioners’ land. The notification dated 08.06.2020, has been placed on record. In terms of the said notification, the Committee had been constituted by the State Government 8 2026:HHC:27691 on 08.06.2020 only for assessing the damages caused to the structures falling beyond the right of way. Admittedly, the subject land of the petitioners was not beyond the right of way of construction of four laning of road. It is not that being beyond the right of way, any structure of the petitioners’ existing over the land had suffered some damage, which had to be compensated and accordingly the compensation was assessed by the Committee. Instant is a case, where 4 biswas land of the petitioners has been utilized by the respondent-NHAI for construction of four lane road, the land in question falls within the right of way. Thus, it was required to be acquired and duly compensated for in accordance with law. The facts are not in dispute. Utilization of petitioners’ 4 biswas land for widening/four laning of the road is not in dispute. The land in question having not been acquired is also an admitted position. Given this, there is no escape from conclusion that petitioners cannot be divested from their 4 biswas of land save and except in accordance with law. No other point was urged. 5. For the aforesaid reasons, this writ petition is allowed. Respondents, in particular, respondents No.2-5, 9 2026:HHC:27691 are directed to acquire the land of the petitioners comprised in Khasra No. 945/585/297/1, measuring 4 biswas, situated at Mauza Barog, Tehsil Solan, in accordance with law. This exercise be initiated within a period of four weeks from today and completed as expeditiously as possible, but not later than six months thereafter. The amount of compensation already paid to the petitioners be adjusted from the amount which eventually would be awarded to them. Petitioners are at liberty to seek appropriate remedy for the redressal of their surviving grievances, if any, in accordance with law. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua July 9, 2026 Judge R.Atal