Himachal Pradesh High Court
Vikram Singh And Ors vs Union Of India And Ors on 7 August, 2023
Author: Sandeep Sharma
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
.
CWP No.9049 of 2022
Date of Decision: 7.8.2023
_____________________________________________________________________
Vikram Singh and Ors.
.........Petitioners.
Versus
Union of India and Ors.
of
.......Respondents
Coram
Hon'ble Mr. Justice Sandeep Sharma, Judge.
rt
Whether approved for reporting?
For the Petitioners: Mr. Anuj Nag, Advocate.
For the respondents: Mr. V.B. Verma, Senior Panel Counsel, for
respondent No.1.
Mr. Janesh Gupta, Advocate for respondent
Nos.2 and 4.
Mr. Anup Rattan, Advocate General with Mr.
Rajan Kahol, Mr. Vishal Panwar and Mr. B.C.
Verma, Additional Advocates General with Mr.
Rahul Thakur and Mr. Ravi Chauhan, Deputy
Advocates General, for the State.
___________________________________________________________________________
Sandeep Sharma, J. (Oral)
By way of present writ petition filed under Article 226 of the Constitution of India, petitioners have prayed for following main relief:
i) Your Lordships may graciously be pleased to issue a writ of mandamus in favour of the petitioner and against the respondents to the effect, as the land for development of National Highways and associated purposes was acquired under Section 3 of the National Highway Act 1956. So the compensation amount as awarded in favour of the petitioners as per the award passed by respondent ::: Downloaded on - 07/08/2023 20:40:25 :::CIS -2- No.3, copy of which is already on record as Annexure P-2, be released to them immediately alongwith interest."
.
2. Though reply to the petition stands filed by the respondents No. 2 to 4, but Mr. Janesh Gupta, learned counsel appearing for respondents No. 2 to 4 states that since award amount as awarded by the Competent Authority for Land Acquisition (CALA) of stands deposited before the competent authority i.e. CALA, nothing remains to be adjudicated in the instant proceedings. He further rt states that being aggrieved and dissatisfied with amount determined by the CALA, respondents No. 2 to 4 have already filed arbitration proceedings before the competent court of law and as such, prayer for release of award amount, if any, can be made before that authority, who can always order for release of undisputed amount during the pendency of the arbitration proceedings. Aforesaid fair proposal put forth by the learned counsel for respondents No. 2 to 4 has been fairly accepted by the learned counsel for the petitioners.
3. Consequently, in view of the above, nothing remains to be adjudicated in the instant proceedings and accordingly, same is disposed of, with direction to the competent authority i.e. CALA, to consider prayer made, if any, on the part of the petitioners for release of undisputed amount, which shall be released by the authority concerned after affording opportunity of hearing to the respondents, who in their reply shall specify the undisputed amount. Once both the ::: Downloaded on - 07/08/2023 20:40:25 :::CIS -3- parties arrive at a consensus with regard to undisputed amount, CALA .
without any further delay shall release same to the petitioners. All pending applications stand disposed of accordingly.
August 7, 2023 (Sandeep Sharma),
manjit Judge
of
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