ROSHAN LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) This writ petition has been filed with the following reliefs:

(2.) Respondents, on entering appearance, have contested the petition. Respondents 1 to 4, in their reply, have made preliminary submissions qua the maintainability of the writ petition and there being no enforceable cause of action exists in favour of the petitioner to file the same. On merits, it is submitted that the petitioner himself has constructed his house within the controlled width of the road in question i.e. Jogindernagar-Sarkaghat-Ghumarwin road. It is also submitted that the demarcation of the road existing over khasra Nos. 822, 823, 824 and 916 was carried out through revenue agency and no encroachment was found on any portion of the road. The adjoining land, bearing Khasra Nos. 1390/827 of respondent No. 6, is not acquired for the construction of the road. However, survey of the road has been conducted and the maps of the structure, existing over the 'controlled width' of this State Highway have already been prepared. The houses of the petitioner and respondent No. 6 were found to be constructed over the controlled width of the road.

(3.) Respondent No. 5, in a separate reply, has submitted that the petitioner had never brought the matter regarding encroachment over the road in question, made by the 6th respondent, to his notice. He would have taken action in the matter in accordance with law, had the matter been brought to his notice.