PRAMOD SOOD Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant by means of this application prays that he may be permitted to file objections to the demarcation report submitted by the Settlement Officer or in the alternative fresh Commissioner be appointed to demarcate the land and the earlier order of this Court dated 8.9.2010 be modified to this extent.

(2.) THE undisputed facts are that the applicant was granted some land by the Union of India to run a Coal Company some time in the year 1946. It appears that in between some portion of the land belonging to the Railways including a portion of the land leased out to the applicant was acquired by the H.P.P.W.D. for the purpose of widening of the circular road in Shimla.

(3.) THE eviction order passed against the applicant under Public Premises Act was upheld at all levels. Even the petition filed by the applicant in this Court was dismissed. Thereafter, the applicant/Plaintiff filed a suit praying that the Union of India and Railway Authorities be restrained from interfering in the possession of the Plaintiff/applicant. The case of the Plaintiff/applicant was that the total land initially in his possession was 364.73 sq. meters and out of this land 188.21 sq. meters was acquired by the HPPWD and owned by the State of Himachal Pradesh and balance of land measuring 176.52 sq. meters only is to be handed over to the Railways. Alongwith the suit, an application for stay was filed, which was rejected by the Trial Court as well as by the learned Addl. District Judge. Thereafter the applicant approached this Court and this Court directed that the land be demarcated. Even before this Court, it was not disputed that 364.73 sq. meters was the land originally allotted to the Petitioner. Out of this 188.21 sq. meters was acquired by HPPWD and only 176.52 sq. meters of land was owned by the Railways. The identity of the land was in dispute. The Petitioner along with his petition had filed a map, mared C -1. The operative portion of the order of this Court read as follow: The settlement Officer, Shimla is appointed as Commissioner in this case to do the needful. The Registrar General of this Court is directed to send a copy of this Order alongwith a copy of the plan Ext.C -1 within one week from today to the commissioner. The commissioner, within a week of the receipt of the aforesaid communication from the Registrar General, shall issue notices to the Petitioner as well as his counsel Shri Neeraj Gupta, Advocate and Respondent No. 3 and Shri J.L. Kashyap, Advocate and shall visit the spot to demarcate the land within 15 days after issuing the notices. The settlement Officer on the basis of the revenue record including the record relating to the acquisition of the Railway land for the purpose of widening of the National Highway, and may also take assistance of the map Ex. C -1 which is not disputed by the parties, shall demarcate the land belonging to the Railways. He shall ensure that 176.52 sq. meters of land is handed over to the Railways. A sum of Rs. 10,000/ - shall be borne equally by both the parties. Need less to say that till the commissioner gives his report the Respondents shall not forcibly evict the Petitioner. The parties also agree that the suit shall be withdrawn after the report of the Commissioner is received. With the aforesaid directions, the petition is disposed of. No. costs.