State of Hp and Others Vs Ranveer and Others — Himachal Pradesh HC (2025) — LawSathi Research

State of Hp and Others Vs Ranveer and Others — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

None to the applicant/appellant: the appeals were dismissed after condoning the delay in filing by the State, upholding the learned Single Judge's direction to initiate acquisition proceedings; pending applications, if any, also stand disposed of.

Issue for consideration

Whether the State's appeals (LPAs) against the common judgment dated 16.03.2024 in CWP No. 3139 of 2023 — which directed initiation of land acquisition proceedings — should be dismissed, given that coordinate Benches had already affirmed the very same order for identically situated claimants, and whether the delay in filing by the State should be condoned.

Court's answer

Once the coordinate Bench has already affirmed the order of the learned Single Judge, which is the subject matter of challenge, there is no plausible reason for this Court to take a different view; therefore the appeals are dismissed, with the delay in filing by the State condoned.

Ratio / Principle

Similarly situated persons aggrieved by the same cause of action — construction of the same road — and beneficiaries of the same judgment cannot be put up in different categories.

Detailed headnote1 paragraphs

Himachal Pradesh HC (Chief Justice G.S. Sandhawalia with Justice Ranjan Sharma; oral judgment, decided 19.03.2025; neutral citation 2025:HHC:6730) dismisses, after condoning the State's delay, the appeals in CMP(M) Nos.2004, 1968 and 2124 of 2024 with LPAs Nos.103, 104 and 102 of 2025 (State of HP and others v. Ram Prakash / Sheesh Ram / Ranveer and others) directed against the common judgment dated 16.03.2024 in lead case CWP No. 3139 of 2023 (Ram Prakash and others v. State of H.P and others), wherein the learned Single Judge had directed initiation of acquisition proceedings within four weeks vis-à-vis the petitioners' land utilised for the road 'Jabal to Jai Nagar via Ukhoo, Tehsil Ramshehar, District Solan'. Grounds: coordinate Benches had already affirmed the same Single Judge order — LPA No.438 of 2024 (State of H.P & Ors. v. Shiv Ram) dismissed 06.12.2024 and LPA No.485 of 2024 (State of H.P and Ors. v. Siri Ram and Ors.) dismissed 21.12.2024 — and in COPC 620 of 2024 (Siri Ram and Ors. v. Onkar Chand Sharma and Ors.), disposed 25.02.2025, the State had undertaken compliance within three months; hence similarly situated persons aggrieved by the same cause of action and beneficiaries of the same judgment cannot be put in different categories. Pending applications disposed of.

( 2025:HHC:6730 )

IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

CMP(M) Nos.2004 of 2024 & LPA No.103 of 2025 CMP(M) No. 1968 of 2024 & LPA No.104 of 2025 CMP(M) No. 2124 of 2024 & LPA No.102 of 2025 Decided on: 19^th March, 2025 ____________________________________________________ CMP(M) No. 2004 of 2024 & LPA No. 103 of 2025 State of HP and others ....Applicant/Appellant Versus Ram Prakash ….Respondent CMP(M) No.1968 of 2024 & LPA No. 104 of 2025 State of HP and others ....Applicant/Appellant Versus Sheesh Ram ….Respondent CMP(M) No.2124 of 2024 & LPA No. 102 of 2025 State of HP and others ....Applicant/Appellant Versus Ranveer and others ….Respondent ________________________________________________________ Coram

Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice Hon'ble Mr. Justice Ranjan Sharma, Judge

Whether approved for reporting?¹

1 Whether reporters of Local Papers may be allowed to see the judgment?

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For the Applicant/Appellant: Ms. Priyanka Chauhan, Deputy Advocate General, in all the Appeals. For the respondents: Ms. Anchal Harish, Proxy counsel, for the respondents in CMP(M) Nos. 1968 and 2124 of 2024.

G.S. Sandhawalia, Chief Justice (Oral)

The present set of Appeals arise out of common judgment passed in lead case bearing No. CWP No. 3139 of 2023

titled Ram Prakash and others vs. State of H.P and others , alongwith connected matters, decided on 16.03.2024.

Sum and substance of the judgment is that the learned Single Judge directed the respondents to initiate acquisition proceedings within four weeks under the relevant statute vis-à-vis the land of the petitioners keeping in view the fact that the land has been utilized for the construction of road namely “Jabal to Jai Nagar via Ukhoo, Tehsil Ramshehar, District Solan” .

The State had raised challenge to said judgment by firstly filing CMP(M) No.1921 of 2024 and LPA No.438 of 2024 titled as State of H.P & Ors. vs. Shiv Ram and the said LPA was dismissed on 06.12.2024.

Similarly another CMP(M) No.2006 of 2024 and LPA

No.485 of 2024 titled State of H.P and Ors. vs. Siri Ram and Ors. ,

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against the same judgment was also dismissed on 21.12.2024 by the co-ordinate Bench.

In Siri Ram case bearing LPA No. 485 of 2024, the petitioner has also filed against COPC 620 of 2024 titled as Siri Ram and Ors. vs. Onkar Chand Sharma and Ors. , which was also disposed of on 25.02.2025, whereby the State has undertaken to comply with the said judgment keeping in view the dismissal of the LPA within three months. In such circumstances, we do not find any reason how similarly situated persons aggrieved by the same cause of action for the construction of same road and beneficiary of the same judgment can be put up in different categories.

Once the coordinate Bench has already affirmed the order of the learned Single Judge, which is subject matter of challenge, we do not find any plausible reason as such, to take a different view and therefore, we dismiss the appeals after condoning the delay in the filing the present appeals by the State.

Pending applications, if any, also stand disposed of.

( G.S. Sandhawalia ) Chief Justice

19^th March, 2025 ( Ranjan Sharma ) (priti) Judge