Himachal Pradesh High Court
CWP/3277/2020 on 24 November, 2020
Bench: L. Narayana Swamy, Anoop Chitkara
CWP No.3277 of 2020 .
24.11.2020 Present: Mr.Vinod Chauhan, Advocate, for the petitioner.
Mr.K.D. Shreedhar, Senior Advocate with Ms.Shreya Chauhan, Advocate, for respondent No.1.
Mr.Ashok Sharma, Advocate General with Mr.Nand Lal Thakur, Additional Advocate General, for respondent No.3.
The prayer of the petitioner is for direction to the respondents, National Highways Authority of India (NHAI) or beneficiary to acquire the land of the petitioner. He also sought an interim order for payment of damages to the house. In view of the activities carried out by NHAI, his house suffered damages, as a result thereof it became unfit for human habitation and he has been virtually forced to live in a tent. He has also produced some photographs showing the damages caused to the house.
2. Reply has been filed by NHAI, in which it has been stated that the property of the petitioner cannot be acquired.
The NHAI also denied the damages caused to the house of the petitioner and stated that it is not within the Right Of Way (ROW).
3. On the other hand, learned Advocate General submits that the damage caused to the house of the petitioner has been inspected and value assessment report has been forwarded to the Deputy Commissioner vide communication ::: Downloaded on - 25/11/2020 20:24:11 :::HCHP dated 29.10.2020 in which it has been reported that the .
damage has been caused to the house of the petitioner and he is entitled to compensation of Rs.22,61,459/-. This report of the Engineer has to be placed before the Committee, constituted for this purpose vide notification dated 8th June 2020. The Committee consists of six officers in which Deputy Commissioner of the concerned District is Chairman, Superintending Engineer (HP. PWD), Executive Engineer of concerned NH Division, Project Director-NHAI of concerned area, NHAI Contractor of concerned area and Sub Divisional Magistrate/CALA concerned are its members. These members have to sit for consideration of the damages caused to the house/buildings.
4. We have heard learned counsel for the parties. In general, we are not concerned about the number of persons who complained that their properties have been damaged. This order pertains only to the petitioner. While laying the road improperly, the NHAI have cut the area and the house of the petitioner got damaged, as a result thereof it became unsafe for human habitation. Hence, the petitioner made an application to the Deputy Commissioner for payment of damages.
5. For the purpose of payment of damages, the Committee constituted has to assess the damages and the NHAI has to pay the compensation. In order to enable the ::: Downloaded on - 25/11/2020 20:24:11 :::HCHP Committee to assess the compensation, it has to rely on the .
report of the HPPWD, NHAI concerned Authority and the Authority Engineer. Thereafter, the damages has to be assessed and the said assessment of damages has to be paid by the NHAI.
6. The petitioner submits that his house became unfit for human habitation and he has been forced to live in a tent, which is deprival of his right to life, especially in the peculiar climatic condition where a person cannot live in a temporary shed throughout .
7. Under these circumstances, we direct the Deputy Commissioner, who is the Chairman of the Committee, to insist the Authority Engineer to submit its report for the purpose of assessment of damages and thereafter complete the entire process and pass appropriate orders within a period of 15 days.
8. Post in the 3rd week of December 2020.
( L. Narayana Swamy ) Chief Justice ( Anoop Chitkara ) Judge November 24, 2020 ( vt) ::: Downloaded on - 25/11/2020 20:24:11 :::HCHP