Kamla Chauhan vs NHAI And Anr

Jyotsna Rewal Dua, J

Petitioner seeks a direction to the respondents to assess and make payment of compensation to her with respect of the land measuring 0-01-51 hectares comprised in Khasra No. 29, situated at Mouza Chhakrayal, Tehsil and District Shimla, on which a four storeyed building of the petitioner is stated to be in existence and acquired by the respondents.

Heard learned counsel for the parties and considered the case file.

After hearing learned counsel for the parties, considering the pleadings and the documents on record, it comes out that:-

3(i) Petitioner had purchased land out of Khasra No. 24 from one Sh. Balak Ram (not a party here), to the extent of 0-01-51 hecteares. Mutation No. 296 was attested in this regard on 29.04.2005.

3(ii) Petitioner exchanged the aforesaid land with the land of Sh. Balak Ram to the extent of 0-01-52 hectares in the same khewat. This was recorded under Mutation No. 317 attested on 29.08.2005. As a result of exchange of land, share of Sh. Balak Ram remained unchanged.

3(iii) In terms of reply filed by respondent No.2, Sh. Balak Ram sold out his entire share to S/Sh. Narender Kumar and Neeraj in equal shares. This was given effect to in Mutation No. 567 attested on 09.07.2008.

3(iv) Petitioner has also been recorded as owner of land comprised in Khata No. 195, situated at Mohal Chhakrayal, Tehsil and District Shimla, to the extent of 0-01-40 hectares.

The total land owned by the petitioner comes to 291 sq. mtrs. Petitioner's grievance is that though the compensation amount for acquisition of her land comprised in Khasra No. 29, measuring 0-01-51 hectares has been assessed and determined as per the revenue record, but it has not been released in her faovur.

Annexure P-2, appended with the writ petition is an order passed by the Competent Authority Land Acquisition Officer-cum-Sub Divisional Officer (C) Shimla (CALA) on 27.09.2019, acknowledging that the Mutation Nos. 296 & 991, pertaining to exchange of land between petitioner and Sh. Balak Ram, had not been incorporated in the jamabandi for the year 2009-10. Petitioner is also stated to have preferred a Civil Suit assailing alienation of land by Sh. Balak Ram in favour of S/Sh. Narender Kumar and Neeraj.

Taking note of all these facts, CALA has ordered on 27.09.2019 (Annexure P-2) for deferring the payment of compensation of land till final outcome of the Civil Suit. Further directions have been issued to Tehsildar Shimla (Rural) to correct/incorporate the revenue entries as per provision of law within two weeks. Admittedly, the aforesaid direction has not been carried out till date.

In view of documents on record and the position that has emerged during hearing of the case, this writ petition is disposed of with direction to the Deputy Commissioner, District Shimla through learned Deputy Advocate General to ensure that with regard to the subject matter in reference in this petition, requisite corrections are carried out in the revenue record for incorporating all the changes that have taken place, in accordance with law. This exercise be carried out within a period of six weeks.

Pending miscellaneous application(s), if any, also stand disposed of.