Disposed¶15

Prem Singh v. NHAI and Others

Himachal Pradesh HC1 Jan 2025CWP/2805/2024

Case brief

AI extract

What is this about?

Land acquisition/compensation writ: Prem Singh v. NHAI & Ors., CWP No. 2805 of 2024, HP High Court Shimla, decided 01.01.2025 by Sandeep Sharma, J. Petitioner's land used for bridge construction without acquisition; NHAI agreed to acquire after CALA Pandoh recommendation sent for competent-authority approval; petition disposed of with direction to NHAI to decide acquisition within six weeks and pay due compensation per law. No statutes or precedents cited; no impugned prior order; no monetary award quantified.

What did the court decide?

Direction to respondent No. 1 (NHAI) to ensure final decision on acquisition of the petitioner's land is taken expeditiously, preferably within six weeks, and thereafter due compensation paid in accordance with law; pending applications, if any, disposed of. ¶15

Prem Singh Vs NHAI and Others — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner is entitled to acquisition of, and compensation for, his land which respondent No. 1 (NHAI) has used for construction of a bridge without acquiring it and without paying compensation.

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Court's answer

In view of the petitioner's no-objection affidavit to acquisition of the land and NHAI's counsel's statement that, pursuant to CALA Pandoh's recommendation, the matter has been sent to the competent authority for approval, nothing remains to be adjudicated in the proceedings and the petition is disposed of accordingly.

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Ratio / Principle

The Court directed respondent No. 1 (NHAI) to ensure that the final decision regarding acquisition of the land is taken expeditiously, preferably within six weeks, and thereafter due compensation is paid to the petitioner in accordance with law.

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Detailed headnote1 paragraphs

High Court of Himachal Pradesh (Sandeep Sharma, J.), CWP No. 2805 of 2024, decided 01.01.2025 — Prem Singh v. National Highway Authority of India & Ors. The petitioner's land had been used by respondent No. 1 (NHAI) for construction of a bridge without acquisition and without payment of compensation, as acknowledged in the replies filed by respondents No. 2 & 3. Following the petitioner's affidavit giving no objection to acquisition and NHAI's agreement to acquire the land, with CALA, Pandoh having recommended acquisition of the remaining land and the proposal sent to the competent authority for approval, the Court held nothing remained to be adjudicated and disposed of the petition, directing respondent No. 1 to take the final decision on acquisition expeditiously, preferably within six weeks, and thereafter to pay due compensation in accordance with law. Pending applications, if any, stood disposed of.

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2025:HHC:146

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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CWP No.2805 of 2024 Date of Decision: 01.01.2025

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_____________________________________________________________________ Prem Singh ……...Petitioner Versus National Highway Authority of India & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Maan Singh, Advocate. For the respondents: Mr. Rajan Kahol, Mr. B.C Verma & Mr. Vishal Panwar, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General, for respondents/ State. ___________________________________________________________________________ Sandeep Sharma, J. (Oral)

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Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Maan Singh, learned counsel representing the petitioner is that though respondent No. 1 has used the land of the petitioner for construction of bridge, but without acquiring the same, as a result thereof, no compensation has been paid to the petitioner till date.

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Pursuant to notices issued in the instant proceedings, respondents No. 2 & 3 filed reply, w

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herein factum with regard to use of land of the petitioner for construction of bridge stands duly acknowledged.

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2025:HHC:146

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On 20.12.2024, this Court, having perused the copy of affidavit dated 21.12.2024 executed by the petitioner in response to communication received from respondent No. 1-NHAI, whereby respondent No. 1-NHAI has agreed to acquire the land of the petitioner, called upon Ms. Shreya Chauhan, learned counsel for afore respondent, to obtain written instructions.

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Pursuant to afore order, Ms. Shreya Chauhan, Advocate, has made available copy of E-mail received from Project Director, National Highway Authority of India, Mandi, wherein it has been stated that CALA, Pandoh has recommended the acquisition of the remaining land and approval from the competent authority is being sought. While fairly admitting that the communication stands issued by respondent/NHAI, thereby calling upon the petitioner to execute the affidavit, Ms. Shreya Chauhan, learned counsel for respondent/NHAI, states that since decision has already been taken to acquire the land of the petitioner for the construction of bridge, present petition has been rendered fructuous and the same may be disposed of accordingly.

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Having taken note of factum of execution of agreement at the behest of petitioner, thereby giving his no objection qua acquisition of the land used for construction of bridge, coupled with the statement given by learned counsel for respondent-NHAI that pursuant to recommendation made by the CALA, Pandoh, matter already stands

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2025:HHC:146

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sent to the competent authority for approval, nothing remains to be adjudicated in the instant proceedings and accordingly, same is disposed of with a direction to respondent No. 1 to ensure that final decision with regard to acquisition of land is taken, expeditiously preferably within a period of six weeks and thereafter, due compensation is paid to the petitioner accordance with law. Pending applications, if any, stand disposed of.

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January 01, 2025 (sunil)

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(Sandeep Sharma), Judge

Prem Singh v. NHAI and Others

Case brief

What is this about?

What did the court decide?

Prem Singh v. NHAI and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Procedural history

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