IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 4356 of 2009. Decided on: July 11, 2011. Nishit Upadhaya & anr. Vrs. State of H.P. & ors. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K.Sharma, Judge. For the petitioners: For the respondents: Mr. Sunil Mohan Goel, Advocate. Mr. J.K. Verma, Dy. AG. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The Writ Petition is filed mainly with the following prayers: “1. Declare the act of respondent State whereby possession of the land of the petitioner has been taken by the State for construction of Bagar Toli-DurgaNagar Bhakeli Road more than eight nine years ago without paying to the owners compensation as contemplated by the Act as no award has been passed by the Respondent No.4 despite the fact that notification under section 4, 6 & 7 stands already issued as arbitrary, discriminatory, illegal and hence Unconstitutional. 2. Direct the Respondent No.4 by issuing writ of mandamus to pass the award as the per section 11 of the Act, as the notification had already been issued under section 4 in the year 2003 and under section 6 & 7 in the year 2004 as contemplated under section 11 of the Land Acquisition Act, 1894 as the possession of the land was taken in the year 2000.” 2. In the reply at paragraphs 10 & 14, it is stated as follows: “10. That the contents of this Para are admitted to the extent of issuance of notification under section 4 and under section 6 and 7 of the Act. However it is submitted that the replying respondent has submitted the case for acquisition to land Acquisition Collector Mandi on 09.12.2009 vide letter No. PW/KD- II/CWP4356/09/WA/2009-17968-70 dated 09.12.2009 which is annexed as annexure A. Now compensation is to be paid by land Acquisition Collector Mandi, as the replying respondent has completed all the codal formalities required for the Acquisition of land under the Act. 14. That the contents of this Para are denied for want of knowledge. 2 It is therefore submitted that whenever the award of the Suit Land is announced by the Land Acquisition Officer (CZ) HP.PWD. Mandi the payment will be made to the petitioners immediately. The Land Acquisition Officer (CZ) H.PWD Mandi has been requested by Executive Engineer, Kullu Division No-II vide his office letter No. PW/KD-II/CWP4356/09/WA/2009- 17968-70 dated 09.12.2009 to announce the award at the earliest. It is therefore respectfully prayed that the writ petition of the petitioners may kindly be dismissed in the interest of justice.” 3. In view of the reply as above, the writ petition is disposed of as follows: There will be direction to the 4th respondent- Collector Land Acquisition to pass the award if not already passed within a period of one month from the date of production of copy of this judgment by the petitioners before the 4th respondent. Thereafter the 4th respondent shall see that the amounts due to the petitioners are disbursed, if not already disbursed within another one month. 4. The writ petition is disposed of, so also the pending application(s), if any. Copy Dasti. (Justice Kurian Joseph), Chief Justice. July 11, 2011. ( Justice V.K.Sharma ), (karan/vs) Judge.