Sharwan Kumar Vs the Ministry of Road and Highways and Others — Himachal Pradesh HC (2025) — LawSathi Research

Sharwan Kumar Vs the Ministry of Road and Highways and Others — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of by consent with directions: Secretary, Public Works, Government of Himachal Pradesh to constitute a Committee within two weeks to assess damage, if any, to the petitioner's property caused by construction of the National Highway; Committee to visit the property within three weeks of constitution, involve all stakeholders and submit its report to the Secretary, Public Works, who shall pass appropriate orders on payment of compensation, if any, in terms of the report. Pending miscellaneous application(s), if any, also disposed of accordingly. Retaining-wall issue left open.

Issue for consideration

Whether respondents No.1 and 5 should be directed to acquire the petitioner's land bearing Khasra number 893, Muhal Bassi-Kothi, post office Cholthara, Tehsil Sarkaghat, District Mandi, along with the constructed house, and grant just compensation as per law. +3 more

Court's answer

The writ petition is disposed of with the direction that the Secretary, Public Works, to the Government of Himachal Pradesh shall constitute a Committee to assess the damage, if any, suffered by the petitioner's property on account of construction of the National Highway.

Ratio / Principle

The Committee is to be constituted within two weeks from the date of the order.

Key takeaways

The Committee so constituted shall visit the petitioner's property within three weeks of its constitution, involve all stakeholders, submit its report to the Secretary, Public Works, who shall thereafter pass appropriate orders with regard to payment of compensation, if any, to the petitioner in terms of the report.ratio¶23
The issue of construction of a retaining wall to protect the petitioner's other threatened property is left open, as no such prayer is made in the petition; the petitioner may take up the issue with the Authority concerned independently.obiter¶24

Detailed headnote1 paragraphs

Writ Petition (CWP No.13337 of 2024, decided 01.07.2025) — National Highway construction — damage to petitioner's house at Tehsil Sarkaghat, District Mandi — cracks noticed in site inspection dated 08.07.2024 attributed to land slide; petitioner directed to vacate — damage-assessment issue already pending before Deputy Commissioner, Mandi, who sought constitution of a Committee — writ petition, as agreed, disposed of with direction that Secretary, Public Works, Government of Himachal Pradesh constitute a Committee within two weeks to assess damage, if any, to petitioner's property on account of National Highway construction; Committee to visit property within three weeks, involve stakeholders and report; Secretary, Public Works to pass appropriate orders on compensation in terms of the report — prayer for acquisition of land (Khasra No. 893) with structure not specifically adjudicated — issue of constructing retaining wall for other threatened property left open, no such prayer having been made in the petition.

2025:HHC:20749

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.13337 of 2024

Decided on: 01.07.2025

Sharwan Kumar … Petitioner Versus Ministry of Road Transport and Highways & others … Respondents

Coram

Hon’ble Mr. Justice Ajay Mohan Goel, Judge.

Whether approved for reporting?¹

____________________________________________________ _ For the petitioner : M/s Ajay Kumar Chauhan and Ajay Singh Kashyap, Advocates. For the respondents : Mr. Rajinder Thakur, Central Government Counsel, for respondent No.1. Mr. Rahul Thakur, Deputy Advocate General, for respondents No.2 and 4 to 6-State. Mr. Rajiv Rai, Advocate, for respondent No.3.

Ajay Mohan Goel, Judge (Oral)

By way of this writ petition, the petitioner has , inter alia , prayed for the following reliefs:-

“ a. To issue a writ of Mandamus or direction in the nature there of directing the respondent No. 1 and 5 to acquire the land of petitioner over Khasra number 893 situated at Muhal Bassi-Kothi post office Cholthara Tehsil Sarkaghat District Mandi, Himachal Pradesh, along with structure and respondents may kindly be directed to acquire the land along with constructed house and to grant just compensation to the petitioner as per law of land.

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

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b. To issue a writ of mandamus or direction in the nature there of directing the respondents to assess the loss caused to the petitioner during construction of above mentioned road and petitioner may be adequately Respondents. compensated by the Respondents.

c. To direct the respondents to produce all the relevant record pertaining to the present case. ”

In terms of the averments made in Para-11 of the writ petition, the issue with regard to the assessment of the damage to the property of the petitioner is already pending consideration before the Deputy Commissioner, Mandi, District Mandi, H.P. It is also mentioned in this Para of the petition that on 08.07.2024, the SubDivisional Officer concerned as well as Tehsildar, Land Acquisition and other Officers and Officials visited the house of the petitioner and concluded that cracks had appeared in some part of the house of the petitioner due to land slide and the petitioner was also directed to vacate the house and move to some other safe area to avoid any mishap.

At this stage, learned Deputy Advocate General has pointed out from the record that Deputy Commissioner, in turn, has sent a communication to the Principal Secretary, Public Works, to the Government of Himachal Pradesh, to constitute a Committee to assess the damage to the property of the petitioner, if any.

Therefore, this writ petition, as agreed, is disposed of with the direction that Secretary, Public Works, to the Government

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of Himachal Pradesh shall constitute a Committee to assess the damage, if any, suffered by the property of the petitioner on account of construction of the National Highway. The Committee shall be constituted within a period of two weeks from today. The Committee so constituted shall visit the property of the petitioner within a period of three weeks as from the date of its constitution. It shall involve all the stake holders and thereafter, submit its report to the Secretary, Public Works, to the Government of Himachal Pradesh, who thereafter, shall pass appropriate orders with regard to payment of compensation, if any, to the petitioner in terms of the report submitted by the Committee.

At this stage, learned counsel for the petitioner submits that there is another issue involved, i.e. as far as certain other property of the petitioner is concerned, the same is also now under threat and for that purpose, construction of retaining wall is necessary by the respondents. In the light of the fact that no such prayer is made in the petition, this issue is left open and the petitioner may take up this issue with the Authority concerned independently. Pending miscellaneous application(s), if any also stand disposed of accordingly.

(Ajay Mohan Goel) Judge

July 01, 2025 (Rishi)