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2026 Supreme(Online)(HP) 2678

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Jyotsna Rewal Dua, J
SANTOSH KUMARI – Appellant
Versus
UOI AND OTHERS – Respondent
CWP No.6970 of 2026



Advocates:
For the Appellants/Petitioners: Ram Lal Thakur
For the Respondents: Narender Thakur, Shreya Chauhan, Anup Rattan, Y.P.S.Dhaulta

The court directed the administrative authority to refer a grievance regarding property damage caused by highway construction to a specifically constituted government committee for resolution in accordance with existing state notifications.

Headnote:The petitioner sought relief regarding damages caused to her private property, including a courtyard and house walls, due to the non-scientific construction of a four-laning highway project. A notification dated 08.06.2020 had been issued by the State to constitute a Committee to resolve issues and assess damages to private lands and structures beyond the right of way. The petitioner alleged that her representations for valuation of damages remained unaddressed by the authorities. The primary issue was whether the petitioner's grievance regarding property damage should be referred to the designated Committee. The court observed that since a specific notification exists for resolving such issues, the appropriate course of action is to ensure the case is placed before the said Committee for a decision in accordance with the law. This writ petition is disposed of with direction to respondent No.5 to send the case of the petitioner for consideration before the aforesaid Committee within a period of two weeks from today, whereafter, the Committee shall consider and take appropriate action and decision on the issues in accordance with law, within eight weeks thereafter.

Table of Content
1. procedural handling and waiver of notice for immediate hearing. (Para 1 , 2)
2. claim for damages to private property resulting from highway construction. (Para 3)
3. request for administrative referral to a specialized grievance committee. (Para 4)
4. direction to refer the matter to the designated committee for legal resolution. (Para 5)

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

Jyotsna Rewal Dua, Judge

Notice. Mr. Narender Thakur, learned Central Government Counsel, Ms. Shreya Chauhan, learned counsel and Mr. Y.P.S.Dhaulta, learned Additional Advocate General , appear and waive service of notice on behalf of the respective respondents.

2. Keeping in view the grievance raised by the petitioner and the relief prayed for by her, there is no requirement to call for reply from the respondents. The matter has accordingly been heard at thi s stage.

3. The case set up is that respondent-State issued a notification on 08.06.2020 constituting a Committee to resolve and sort out arll issues including the issues of assessing damage occurred to the private lands, buildings and structures beyond the right of way due to construction of four laning projects of respondent-National Highway Authority of India (NHAI) in the State of Himachal Pradesh. NHAI started construction for four laning/ widening/ maintenance and operation of NH-154 Pathankot-Mandi section in revenue Village Shahpur, Tehsil Shahpur, District Kangra, H.P. Petitioner’s land situated in Village 39 Miles, Mohal Shahpur, Patwar Circle Shahpur, Kanungo Circle Rihlu, District Kangra comprised in Khata No. 634/598, Khatauni No. 794/773 and Khasra No.2361/1802/1554 was acquired by the NHAI for the purpose of construction of the aforesaid road. Petitioner alleges that because of construction work of the aforesaid highway having not been carried out in a scientific manner, her courtyard, walls of two rooms of her house adjoining to the aforesaid acquired land, have also been damaged. Petitioner’s house/Hland that has not been acquired, has been rendered unsafe and inhabitable. Petitioner’s representation preferred to the respondents including one submitted on 03.09.2025 (Annexure P-4) has not been redressed. Petitioner has also requested therein for valuation of the damages to her house/land adjoining to her land that was acquired by the NHAI through the Committee constituted under notification dated 08.06.2020, but till date, petitioner’s case has not been placed before the Committee.

4. Learned counsel for the petitioner submitted that the petitioner would be satisfied in case respondent No.5 is i directed to place case of the petitioner/representations preferred by her including dated 03.09.2025 (Annexure P-4) before the Committee constituted under notification dated 08.06.2020 for appropriate action in accordance with law.

5. Taking note of the fact that there does exist a notification dated 08.06.2020 issued by the State of Himachal Pradesh (Annexure P-5) for resolving the issues, such like the ones raised in the present writ petition, this writ petition is disposed of with direction to respondent No.5 to send the case of the petitioner for consideration before the aforesaid Committee within a period of two weeksH from today, whereafter, the Committee shall consider and take appropriate action and decision on the issues in accordance with law, within eight weeks thereafter. Copy of decision be conveyed to the petitioner.

Pending muiscellaneous application(s), if any, also to stand disposedo of.

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