Research › Search › Judgment

Himachal Pradesh High Court · body

2018 DIGILAW 1301 (HP)

Bhim Sen v. National Highway Authority Of India

2018-07-13

AJAY MOHAN GOEL, SANJAY KAROL

body2018
JUDGMENT Sanjay Karol, A.C.J. (Oral) - CMP No. 6550 of 2018 Allowed and disposed of. CWP No. 1615 of 2018 2. Notice. Ms. Charu Bhatnagar, learned Counsel, Mr. Nand Lal Thakur, Additional Advocate General and Mr. Tara Singh Chauhan, learned Counsel accept notice on behalf of the respective respondents, they are representing. 3. This writ petition has been filed praying for the following reliefs: "I. That your Lordship may graciously be pleased to issue the writ in the nature of Mandamus or any other appropriate writ, order or directions directing the Respondents to grant four months or some other appropriate time, which this Hon''ble Court may deem fit, to the petitioner for delivering the possession of estate/property comprised in Khasra Bi, 1153/42/1 measuring 0-09-66 Hec situated in revenue village/Mugal Takoli/510 Tehsil Aut District Mandi. II. That writ in the nature of mandamus or any other appropriate writ, order or direction may kindly be issued directing the Respondents No. 3 to not to disconnect the electricity connection of the Petitioner installed at property/estate comprised in Khasra No-1153/421/1 measuring 0-09-66 Hec situated in revenue village/mughal Takoli/510 Tehsil Aut, District Mandi. III. That the respondents may be directed to produce the entire record for the kind perusal of this Hon''ble Court. IV. That any other writ, order or direction which this Hon''ble Court may deems just and proper in the facts and circumstances of the case may also be passed in the interest of justice and fair play." 4. We notice that the writ petitioner has been benefited by proceedings of acquisition of his property, i.e. land and superstructure, so carried out by National Highway Authority of India for a public purpose, namely, construction of Kiratpur-Nerwhowk-Manali road, on Khasra No. 1153/421/1, measuring 0- 09-66 Hec, situated in revenue village/mughal Takoli/510, Tehsil Aut, District Mandi, HP. 5. There is no dispute about (a) completion of acquisition proceedings; (b) the entire compensation having been received by the writ petitioner; (c) the structure and the land underneath now solely being the property of National Highway Authority of India and compliance of all provisions of the Land Acquisition Act, 1894 including the provisions of section 3(E)(I) of National Highways Act, 1956. 6. Under these circumstances, we see no reason to pass any order in favour of the writ petitioner. 6. Under these circumstances, we see no reason to pass any order in favour of the writ petitioner. On the contrary, in exercise of our plenary powers under writ jurisdiction, we direct the writ petitioner to forthwith hand over possession of the land and superstructure so acquired for the purpose of construction of road in issue, failing which, National Highway Authority shall be at liberty to positively take over the same with police assistance, if so required and desired. We clarify that expenses incurred, if any, by National Highway Authority for taking over such possession, shall be borne by the writ petitioner and the same shall be recovered as arrears of land revenue. 7. Learned Advocate General assures that with the National Highway Authority seeking assistance of the district administration including the police authorities, all action shall promptly be taken. 8. We notice that amount of compensation stood deposited in the bank account No. 87200100046402, in the name of the writ petitioner, namely, Sh. Bhim Sen. We notice that as on 03.07.2018, the writ petitioner has 93,66,583.74/- in his account. Amount of compensation towards the superstructure stands deposited in the bank account of the petitioner. We direct that till the time possession of the superstructure and the land underneath is not handed over by the petitioner to National Highway Authority, operation of this account shall remain frozen. Learned Advocate General undertakes that Chairman of Himachal Gramin Bank as also Branch Officer of Himachal Gramin Bank, Nagwain, VPO Nagwain, District Mandi, H.P. shall be intimated of the passing of the order today itself by all modes. 9. The petition stands disposed of accordingly, so also pending miscellaneous application(s), if any.