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Himachal Pradesh High Court · body

2020 DIGILAW 110 (HP)

Hans Raj v. Union of India

2020-01-09

JYOTSNA REWAL DUA, L.NARAYANA SWAMY

body2020
JUDGMENT : L. Narayana Swamy, J. Learned counsel appearing for the petitioner, submits that the land of the petitioner has been acquired for the purpose of widening/construction of road from Thopan to Akpa on NH-5. It is further submitted that the land of the petitioner has been acquired by the respondents without there being any notification qua the same. It is submitted that one similarly situated person had filed CWP No.3626 of 2015 before this Court and the same came to be disposed of on 26.12.2016, with a direction to the respondents to complete the acquisition proceedings within a period of six months. Accordingly, the acquisition was completed and the Land Acquisition Collector Pooh-Cum-Additional District Magistrate, Pooh District Kinnaur, H.P. has passed award dated 26.02.2019 in Final Award No.2 of 2018 (Annexure P-2). It is stated that despite passing of the said award, the respondents have not deposited the award amount. Hence, the petitioner has filed the present petition, seeking directions to the respondents to deposit the award amount, along with statutory interest, as provided in the Right to Fair Compensation and Transparency in Land, Rehabilitation and Resettlement Act, 2013, (for short, “the Act”), as per award (Annexure P-2). 2. Mr. Rajesh Kumar Sharma, learned Assistant Solicitor General of India, appearing on behalf of respondents No.1 to 3/Union of India, seeks time to get instructions as to whether the award amount has been deposited or not. 3. We have heard learned counsel for the parties and gone through the record. 4. It is seen that when the acquisition was completed as per directions issued by this Court in CWP No.3626 of 2015 and the Land Acquisition Collector Pooh-Cum-Additional District Magistrate, Pooh District Kinnaur, H.P., has also passed award dated 26.2.2019 (Annexure P- 2), the award amount has also to be deposited by the respondents and non-depositing of the same is contrary to the provisions of the Act. Compensation is right of a party and if there is any violation on the part of the respondents in depositing the same, it amounts to an arbitrary action on the part of the respondents which is violative of Articles 14, 21 and 308-A of the Constitution. 5. In the light of above, we dispose of the present writ petition with a direction to the respondents to deposit the award amount within a period of four weeks from today. 6. 5. In the light of above, we dispose of the present writ petition with a direction to the respondents to deposit the award amount within a period of four weeks from today. 6. Pending applications, if any, also stands, disposed of.