SOHAN LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Notice. Mr. Balram Sharma, learned Deputy Solicitor General of India, Mrs. Shreya Chauhan, learned Counsel and Mr. Pushpender Jaswal, learned Additional Advocate General, accept notice on behalf of respondent No. 1, 2 and 3, respectively.

(2.) By way of this writ petition, the petitioner has challenged order dtd. 21/10/2024, passed by the Court of learned Additional District Judge-1, Kangra at Dharamshala, in CMA No. 363-D/2023, titled as Sohan Lal and others vs. The Competent Authority-cum- Land Acquisition Collector, in terms whereof, an application filed by the petitioners under proviso 2 attached to Sec. 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, read with Sec. 3H(4) of the National Highways Act, 1956, has been dismissed by learned Court below inter alia by holding that as there was no award made in favour of the petitioners and as they were in fact claiming possession over the utilized land by putting forth the plea of their having become owners thereof by way of adverse possession, the provisions of Sec. 64 of the Act were not attracted as the rights of the applicants were still to be established.

(3.) With the consent of the parties, the petition is being disposed of today itself.