1 ( 2026:HHC:7018 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.2989 of 2026 Decided on: 13.03.2026 ---------------------------------------------------------------------------- Dinesh Kumar …..Petitioner Versus State of H.P. and others .....Respondents ---------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Ms. Abhilasha Kaundal, Advocate, for the petitioner. For the Respondents: Mr. Vishwadeep Sharma, Additional Advocate General, for respondents No.1 & 2. Ms. Shreya Chauhan, Advocate, for respondent No.3. ---------------------------------------------------------------------------- Jyotsna Rewal Dua, Judge Notice. Mr. Vishwadeep Sharma, learned Additional Advocate General and Ms. Shreya Chauhan, learned counsel, appear and waive service of notice on behalf of respondents No. 1 & 2 and respondent No.3, respectively. In view of restrictive grievance urged for the petitioner and nature of order being passed hereafter, notice of this writ petition is not required to be issued to respondents No. 4 & 5. Replies from appearing respondents 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 ( 2026:HHC:7018 ) are also not required to be called for. Matter has accordingly been heard at this stage. 2. Heard learned counsel for the parties and considered the case file. 3. Petitioner has staked claim to the compensation awarded in respect of land- constructed portion over Khasra No.1015/976/721 in Village Seohla, Tehsil Sadar, District Bilaspur, H.P. The land- structure apparently has been acquired under the provisions of the National Highways Act, 1956. Perusal of Annexure P-4 dated 22.02.2026 issued by Sub-Divisional Officer (Civil)-cum- Competent Authority Land Acquisition (in short “CALA”), Sadar, District Bilaspur, H.P. reflects that compensation qua proportionate share of the petitioner in the land in question has been paid to him but compensation for the house over the land was denied to him. Petitioner wants share in the compensation of the house as well. In terms of aforesaid office communication, CALA has directed the petitioner ‘to provide stay order from Competent Court of law within 15 days & failure to do so would result in release of entire compensation of the house in favour of occupier of the house i.e. respondent No.4.’ 3 ( 2026:HHC:7018 ) 4. Petitioner’s grievance is that he has already moved an application enclosed at Annexure P-2 praying before CALA to adjudicate the question of title and proportion of his share in compensation amount for the house; Since a dispute has been raised w.r.t. title of the house by the petitioner, therefore, the same is required to be transferred by CALA for adjudication to the Principal Civil Court of original jurisdiction i.e. Court of concerned District Judge. It appears that application at Annexure P-2 was moved by the petitioner on 11.03.2024 regarding his share in the construction statedly existing over the land in question. However, the application was moved not under Section 3H of the National Highways Act, 1956 but under Sections 76 & 77 of The Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013. Section 3H of the National Highways Act provides as under:- “3H. Deposit and payment of amount.-(1) The amount determined under Section 3G shall be deposited by the Central Government in such manner as may be laid down by rules made in this behalf by that Government, with the competent authority before taking possession of the land. (2) As soon as may be after the amount has been deposited under sub-Section (1), the competent 4 ( 2026:HHC:7018 ) authority shall on behalf of the Central government pay the amount to the person or persons entitled thereto. (3) Where several persons claim to be interested in the amount deposited under sub-Section(1), the competent authority shall determine the persons who in its opinion are entitled to receive the amount payable to each of them. (4) If any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereof is payable, the competent authority shall refer the dispute to the decision of the principal civil court of original jurisdiction within the limits of whose jurisdiction the land is situated. (5) Where the amount determined under Section 3G by the arbitrator is in excess of the amount determined by the competent authority, the arbitrator may award interest at nine per cent per annum on such excess amount from the date of taking possession under Section 3D till the date of the actual deposit thereof. (6) Where the amount determined by the arbitrator is in excess of the amount determined by the competent authority, the excess amount together with interest, if any, awarded under sub-Section(5) shall be deposited by the Central Government in such manner as may be laid down by rules made in this behalf by that Government, with the competent authority and the provisions of sub- sections (2) to (4) shall apply to such deposit.” At this stage, learned counsel for the petitioner submits that petitioner be reserved liberty to move fresh application under the appropriate provisions of National Highways Act and directions be issued to respondent No.2 i.e. Sub-Divisional Officer (Civil)-cum- Competent Authority Land Acquisition Officer, District Bilaspur to decide the same within time bound schedule. Taking note of the pleadings, documents on record, submissions made by learned counsel for the parties and in the interest of justice, it is deemed appropriate to 5 ( 2026:HHC:7018 ) dispose of this petition reserving liberty to the petitioner to move appropriate application before Sub-Divisional Officer (Civil)-cum- Competent Authority Land Acquisition Officer, District Bilaspur, H.P. under appropriate provisions of the National Highways Act,1956. In case such application is moved within five days from today, the same shall be considered and decided in accordance with law as expeditiously as possible not later than four weeks. It is further ordered that in case the petitioner moves such application before CALA within the aforesaid period, compensation for the house in question would not be released prior to the adjudication of the said application. Petition to stand disposed of accordingly. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua March 13, 2026 Judge yogesh