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2019 DIGILAW 2021 (HP)

Mandir Devta Kasraj Marfat Mohtmim v. Union Of India

2019-12-24

JYOTSNA REWAL DUA, L.NARAYANA SWAMY

body2019
JUDGMENT L. Narayana Swamy, J. - These writ petitions have been filed with a prayer to issue a direction to the respondents to pay the amount of compensation as per award, Annexure P-2. 2. In these petitions, the petitioners claim that their land has been acquired for construction/widening of the road from Thopan to Akpa on NH-5. It is stated that earlier a similarly situated person had filed a writ petition, being CWP No.3626 of 2015, in this Court seeking compensation on the ground that the Union of India had used a portion of his land for construction of Akpa Bridge. The writ petition was disposed of by this Court on 26.12.2016, directing the respondents therein to complete the proceedings as mentioned in para 12 of the reply filed by the State Government in that writ petition. Now, the aforesaid proceedings have been completed and the award has been passed, but the amount has not been released to the petitioners. 3. Learned ASGI appearing for respondent No.1 submits that the said award passed has been challenged before the competent Court of law. 4. Learned counsel for the petitioners submitted that they have also filed petition for enhancement of compensation amount before the Reference Court. 5. We have heard the learned counsel for the parties and gone through the record. 6. When the award itself is the subject matter before the Reference Court and the same is stated to have been challenged by the respondents, at this stage, it is not appropriate to direct the respondents to pay the compensation amount. 7. Under these circumstances, we deem it appropriate to direct the respondents to pay the amount of compensation immediately after the disposal of the cases filed by the petitioners for enhancement of compensation and respondent No.5 challenging the award. Ordered accordingly. 8. With the aforesaid observations, the writ petitions stand disposed of, so also the pending miscellaneous application(s), if any.