In CWP No.5362 of 2024, the High Court of Himachal Pradesh, without examining merits, directed the Deputy Commissioner to decide a petitioners' representation regarding damage assessment and compensation within four weeks.
Directed the Deputy Commissioner to decide the petitioners' representation within four weeks.
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.5362 of 2024 Decided on: 13th June, 2024
Jhabe Ram and another …..Petitioners
Versus
National Highway Authority of India and others
.....Respondents
Coram
Ms. Justice Jyotsna Rewal Dua
Whether approved for reporting?1
For the Petitioners: Mr. Azad Kaith and Mr. Ashok Kumar, Advocates.
For the Respondents: Ms. Sneh Bhimta, Advocate, for respondent No.1.
Mr. Anup Rattan, Advocate General with Mr. Dalip K. Sharma, Additional Advocate General, for respondents No.2 to 4.
Jyotsna Rewal Dua, Judge
Notice. Ms. Sneh Bhimta, learned counsel and
Mr. Dalip K. Sharma, learned Additional Advocate General, appear and waive service of notice on behalf of respondents No.1 and 2 to 4, respectively.
2. With the consent of learned counsel for the
parties, the matter is heard at this stage.
1 Whether reporters of print and electronic media may be allowed to see the order? Yes.
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3. This writ petition has been filed for the grant of
following substantive prayers:-
4. Learned counsel for the petitioners submits that
the petitioners have preferred a representation dated 27.05.2023 (Annexure P-5) to the Deputy Commissioner, Kullu-cum-Chairman of the Committee constituted vide notification dated 08.06.2020, however, the same has not yet been adjudicated upon. Learned counsel further submits that the petitioners will be satisfied in case the said Committee, through the Deputy Commissioner, Kullucum-Chairman, is directed to decide the aforesaid representation within a time bound schedule. Learned counsel appearing for the respondents have no objection to this prayer.
5. Taking into consideration the aforesaid submissions of learned counsel for the parties and without examining the merits of the matter, this writ petition is disposed of by directing the Deputy Commissioner, Kullucum-Chairman of the Committee, constituted under
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notification dated 08.06.2020, to consider and decide the aforesaid representation of the petitioners dated 27.05.2023 (Annexure P-5) in accordance with law, within a period of four weeks from today. The decision so arrived at shall also be communicated to the petitioners.
Learned Additional Advocate General to
communicate this order to the Deputy Commissioner, Kullu-cum-Chairman of the aforesaid committee forthwith for compliance.
The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.
June 13, 2024 Mukesh
Jyotsna Rewal Dua Judge
1 issue framed by the court
Whether the Committee constituted under notification dated 08.06.2020 should decide the petitioners' representation within a time bound schedule.
Jhabe Ram
National Highway Authority of India
Jyotsna Rewal Dua
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
