AMAR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This writ petition was filed by the petitioners way back in the year 2017 with the prayer that the respondents be directed to restore the link road at site No. 86 adjacent to Palasi Bridge leading to the house/shop of the petitioner and the ration depot run by the Palasi Gram Sewa Sehkari Sabha Samiti. A prayer was also made to direct the respondents to pay compensation to the tune of at least rupees Ten Lac for the loss of goodwill and loss of business of the petitioners on account of the act and conduct of the respondents in destroying the link road/path leading to the house and shop of the petitioners.

(2.) Respondent No. 1 in its reply to the writ petition has contended that the construction work of Joginder Nagar- Sarkaghat-Ghumarwin Super Highway has been completed in the year 2016 in all respects. The respondents have not obstructed any path, but contrarily, they have repaired the path which leads to the locality of Dharkol. There is a jeepable road to Village Dharkol from the Super Highway through which the people of the said village reach their agriculture fields with cattle and goods. A map has been annexed with the reply to the writ petition as Annexure R-1 to explain the point.

(3.) It is contended that the jeepable road to the village and their fields is still existing, as shown in the aforesaid map. The gradient of the earlier road was low and the petitioners were using a jeepable kachha road from this road to their house and now, due to construction of the new Super Highway, the approach to the house of the petitioners from the old road has been stopped, however, the approach road to the villages is still in existence. The house of the petitioners is at a distance of 80 metres from the Super Highway and respondent No. 4-Contractor has repaired/constructed the approach path to the house of the petitioners by constructing retaining walls.