Disposed

Damodar Dass v. the Project Director NHAI and Another

Himachal Pradesh HC16 Sept 2024CWP/1377/2023

Case brief

AI extract

What is this about?

The High Court of Himachal Pradesh disposed of a writ petition challenging the demolition of an acquired structure. The petitioner voluntarily offered to demolish the structure on his own. The Court directed the petitioner to demolish the acquired building within six weeks.

What did the court decide?

Direction to the petitioner to demolish the acquired structure within six weeks.

Damodar Dass Vs the Project Director NHAI and… — Land Acquisition | Himachal Pradesh HC (2024)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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CWP No. 1377/2023 Decided on: 16.09.2024

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Damodar Dass …Petitioner

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Versus

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Project Director, National Highway Authority of India. & Anr.

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....Respondents.

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Coram

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Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?¹

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For the petitioners : Mr. Y. Paul & Mr. Ashok Kumar Sharma, Advocates.

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For the respondents. : Mr. Shreya Chauhan, Advocate, for respondent No.1.

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Ms. Leena Guleria, Deputy Advocate General, for respondent No.2.

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Jyotsna Rewal Dua , J

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This writ petition has been filed for the grant of following substantive reliefs:-

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“(a) The respondents be restrained from interfering or demolishing the super structure of the petitioner which has constructed/renovated.

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(b) That the respondents may be directed to not to demolish or harm the structure without following due process of law as the petitioner is in peaceful possession on the remaining left over non acquired area/land.

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1 Whether reporters of the local papers may be allowed to see the judgment?

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(c) That the respondents may be directed to produce the record pertaining to construction of National Highway-21 from 126.600 to 188.917 (within Bilaspur-Nerchowk Section in respect of Kanaid and Bhour village, Hadbust No.4, Tehsil Sundernagar, Distt. Mandi, (H.P.) for the kind perusal of this Hon’ble Court.”

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From the case record, it comes out that an Award No. 38/2 was passed on 28.05.2018 acquiring certain structures raised by the petitioner. In terms of the award, the petitioner was held entitled to compensation of Rs. 71,68,626/-. It is admitted position that the awarded compensation was deposited by respondent No.1 with respondent No.2 on 07.09.2018. The amount awarded by respondent No.2 was released in favour of the petitioner.

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During the course of hearing, learned counsel for respondent No.1 apprised that in petition filed by the petitioner under Section 3G (5) of the National Highway Act, 1956, the compensation amount was enhanced by the learned Arbitrator. The award so passed by the learned Arbitrator is stated to be under challenge before the competent forum.

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The dispute in the instant petition has been restricted by learned counsel for the petitioner to the demolition of the structure acquired by the respondents in terms of Award No. 38/2 dated 28.05.2018.

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When the matter was taken up on 22.08.20024, learned counsel for the petitioner submitted that the petitioner was

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ready and willing to demolish the acquired structure on his own. Learned counsel for respondent No.1 was accordingly directed to take instructions in the matter in view of this submission. Learned counsel for respondent No.1 has now submitted that respondent No.1 would have no objection, in case the petitioner demolishes the acquired structure on his own within a reasonable time.

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In view of the aforesaid submissions made by learned counsel for the petitioner and respondent No.1, this writ petition is disposed of with a direction to the petitioner to demolish the structure acquired by the respondents under Award No. 38/2 dated 28.05.2018, within six weeks from today, failing which respondent No.1 shall be at liberty to proceed further in the matter, in accordance with law. Pending miscellaneous applications, if any, shall also stand disposed of.

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Jyotsna Rewal Dua Judge 16^th September, 2024 (rohit)

Damodar Dass v. the Project Director NHAI and Another

Case brief

What is this about?

What did the court decide?

Damodar Dass v. the Project Director NHAI and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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