Dismissed¶21

M/S Alutech Pvt. Ltd. v. State of Hp and Others

Himachal Pradesh HC5 May 2026CWP/2709/2023

Case brief

AI extract

What is this about?

NHAI land acquisition compensation refund; National Highways Act 1956 Section 3(A) and Section 3(D) notifications; award 15.03.2017 preceding sale deed 16.04.2021; Pinjore-Nalagarh four-lane project; writ petition dismissed as withdrawn with liberty against respondent No.5; CWP No.2709 of 2023; decided 05.05.2026; Jyotsna Rewal Dua, Judge.

What did the court decide?

Petition dismissed as withdrawn; liberty reserved to petitioner to seek appropriate available remedy in law against respondent No.5 for its surviving grievances. ¶21

M/S Alutech Pvt. Ltd. Vs State of Hp and Others — Himachal Pradesh HC (2026) — LawSathi Research

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

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CWP No.2709 of 2023 Decided on: 05.05.2026

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_________________________________________________________________ M/s Alutech Pvt. Ltd. ....Petitioner Versus State of H.P. & Ors …Respondents ________________________________________________________________ Coram_

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Ms. Justice Jyotsna Rewal Dua

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1 Whether approved for reporting?

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_________________________________________________________________ For the petitioner: Mr. Virender Thakur, Advocate. For the respondents: Mr. Y.P.S. Dhaulta, Additional Advocate General, for respondents No. 1 to 3. Ms. Shreya Chauhan, Advocate, for respondent No.4.

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Jyotsna Rewal Dua, Judge

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

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“(i) That respondent No.5 may kindly be directed to refund the compensation amount Rs. 42,48,768/- with interest to the petitioner immediate without any further delay.

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(ii) That the respondents may kindly be directed to hold an enquiry against the culprits, who are responsible to

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

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pay the amount of compensation to respondent No.5, who is not otherwise eligible to receive the compensation amount of the land which he has already been sold to the petitioner before passing the award.”

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2. According to the petitioner, land in question was purchased by it, which has been acquired by the National Highway Authority of India (NHAI) for widening/construction of four lane project from Pinjore to Nalagarh but compensation in lieu thereof has not been paid to the petitioner.

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In terms of the reply filed by the respondent-NHAI,

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notification under Section 3 (A) of the National Highways Act, 1956 (the Act in short) was published on 24.11.2015. The notification under Section 3(D) of the Act was published on 23.11.2016, in terms of which, land vested with the Central Government.

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3. The petitioner has purchased the land in dispute from respondent No.5 through a sale deed, that was executed between petitioner and respondent No.5 on 16.04.2021 i.e. much later to the issuance to the notification under Section 3(D) of the Act. The award in question qua the land in dispute had been passed on 15.03.2017, therefore, petitioner

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is not entitled to any compensation.

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4. Learned counsel for the petitioner fairly submits that in view of the factual stand taken by respondent-NHAI, the writ petition claiming relief of compensation from NHAI is not permissible, therefore, petitioner be permitted withdraw the present writ petition with liberty reserved to the petitioner for taking appropriate action in accordance with law against respondent No.5. Prayer is accepted.

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Accordingly, the present petition is dismissed as withdrawn, with liberty reserved to the petitioner to seek appropriate remedy, as may be available to it, in law for the redressal of its surviving grievances against respondent No.5, if any, in accordance law.

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Pending miscellaneous application(s), if any, also to stand disposed of.

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Jyotsna Rewal Dua Judge

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May 05, 2026 R.Atal

M/S Alutech Pvt. Ltd. v. State of Hp and Others

Case brief

What is this about?

What did the court decide?

M/S Alutech Pvt. Ltd. v. State of Hp 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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