Himachal Pradesh High Court
Harish Kaushal vs . Union Of India & Others on 6 September, 2022
Bench: Sabina, Sushil Kukreja
Harish Kaushal Vs. Union of India & Others .
CWP No. 4724 of 2020 06.09.2022 Present: Mr. Sudhir Thakur, Senior Advocate with Mr. Ankush Verma, Advocate for the petitioner.
Mr. Balram Sharma, Assistant Solicitor General of India, for respondent No.1. Mr. K.D. Shreedhar, Senior Advocate with Ms. Sneh Bhimta, Advocate for respondents No.2 & 4.
Mr. Ashwani Sharma, Additional Advocate General for respondent No.3.
r Mr. Ajay Kumar, Senior Advocate with Mr. Rohit, Advocate for respondent No.5.
Learned counsel for respondent No.2 has placed on record the assessment of damage conducted by the competent authority of National Highways Authority of India. As per the said letter dated 12 th July, 2022, the approved damages vis-à-vis the petitioner come to `7,92,694/-.
Learned counsel for respondent No.5, on the other hand, has submitted that with the status report filed by the State, the valuation of the structure belonging to the petitioner was conducted and as per the same, the net value of the building/structure was opined to be `7,92,694/-.
Learned counsel has further submitted that, if the net value of the building was `7,92,694/-, then the damages could not have been assessed to be of the equal amount. Learned counsel has further submitted that from the photographs, ::: Downloaded on - 06/09/2022 20:12:28 :::CIS placed on record by respondent No.5, it is evident that the .
building is still intact, but might have suffered some damages on account of the constructions of the National Highway.
There appears to be some ambiguity in the status report filed by the State. Although, in the affidavit it has been mentioned that the damage to the house of the petitioner has been assessed to the tune of `7,92,694/-, but the valuation report attached with the said certificate shows the net value of the building of the petitioner as would be `7,92,694/-.
Learned Additional Advocate General is directed to clarify the said discrepancy by placing on record the affidavit of the competent authority.
List again on 17th October, 2022.
(Sabina) Judge (Sushil Kukreja) Judge September 06, 2022 (ps) ::: Downloaded on - 06/09/2022 20:12:28 :::CIS