LAWS(HPH)-2021-9-171

SANJAY KUMAR Vs. STATE OF HIMACHAL PRADESH

Decided On September 24, 2021
SANJAY KUMAR Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) Vide communication dtd. 22/1/2014, Government of Himachal Pradesh, Department of Revenue, formulated policy for allotment of 3/2 Biswa of land in rural/urban areas to houseless persons/families, which reads as under:

(2.) Pursuant to aforesaid policy/clarification, petitioner claiming himself to be unemployed and landless person, made an application dtd. 16/12/2014, (Annexure P-2) to District Collector, Kangra at Dharamshala praying therein for allotment of 3/2 Biswa of land comprised in Khasra No. 2260/294/1 situate at Mohal Gabli Dar. Pursuant to directions issued by the office of District Collector, Kangra, Gram Panchayat concerned as well as Additional Commissioner, Municipal Corporation Dharamshala issued No Objection Certificates for allotment of land comprised in Khasra No. 2260/294/1 measuring 0/0/77 hectares (Annexure P-5 and P-7). Besides above, local people as well as Public Works Department also issued no objection certificates in favour of the petitioner (Annexure P-8), subject to certain conditions.

(3.) Public Works Department, while granting no objection certificate vide communication dtd. 16/1/2017 (Annexure P-8) laid down certain conditions regarding construction on such land. After having received aforesaid no objection certificates, from the authorities and Gram Panchayat concerned, office of District Collector, Kangra at Dharamshala sent communication to Sub Divisional Officer (Civil) Dharamshala on 30/8/2016 (Annexure P-9) seeking therein clarification that whether the land as proposed to be allotted in favour of petitioner can be allotted during life time of his father or not?