JAGDISH CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS judgment shall dispose of CWP No. 10807 of 2012 and CWP No. 1372 of 2013 as common questions are involved in these petitions.

(2.) THE pleaded case of the petitioners is that they are owners in possession of land comprised in Khasra Nos. 189, 3, 4, 5, 6 and 90 mauza Bhaleth. The adjoining land comprised in Khasra No. 88 is owned by the Government, but the petitioners have bartandari rights over this land. In the year 2007-08 the respondents initiated process for construction of sewerage treatment plant at Sujanpur and for that purpose, the Government land comprised in Khasra No. 88/2 was proposed to be transferred from Revenue Department to I&PH Department. On 15.10.2010 the District Collector, ordered the transfer of the land comprised in Khasra No. 88/2 measuring 4 Kanals 14 Marlas from Revenue Department to I&PH Department for construction of sewerage treatment plant. The mutation No. 9772 to this effect was also attested.

(3.) THE petitioners are not against the construction of sewerage treatment plant, but the land of the petitioners has been arbitrarily transferred to I&PH Department. There is sufficient Government land comprised in Khasra No. 88 measuring 28 Kanals 16 Marlas where the sewerage treatment plant can be constructed. The respondents have utilized only 4 Kanals 15 Marlas land from Khasra No. 88 for construction of sewerage treatment plant. In any case, the land of the petitioners comprised in Khasra No. 89 measuring 4 Kanals 16 Marlas could be utilized for construction of sewerage treatment plant which is adjoining to Khasra No. 88.