SATINDER SINGH FULARI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition, the petitioner has prayed for following substantive relief:

(2.) Brief facts of the case are that respondent No.3 is the successor of erstwhile Nagar Panchayat, Jawalamukhi. Petitioner was allotted a plot of land on Kangra road at Jawalamukhi by Nagar Panchayat. The rent was fixed at Rs.150.00 per month and petitioner was required to deposit Rs.5,000.00 as security. Petitioner complied with all the terms and conditions of allotment. A formal agreement was executed between the petitioner and executive officer of Nagar Panchayat, Jawalamukhi on 28/10/2005. Petitioner occupied the allotted land and commenced his small business. It was, however, found that the land allotted to petitioner was within the controlled width of National Highway. Petitioner again applied to the Nagar Panchayat to adjust him at alternative place. Resolution dtd. 19/6/2010 (Annexure P 6) was passed by Nagar Panchayat accepting the request of petitioner to adjust him at alternative place. The reason assigned for such decision was that according to the report of SDO, National Highway, the land allotted to petitioner was in controlled width of the National Highway.

(3.) Petitioner is still occupying the land allotted to him initially and the resolution of Nagar Panchayat dtd. 19/6/2010 (Annexure P 6) for adjusting him at alternative place has remained unimplemented.