OM PRAKASH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE petitioner by medium of this writ petition has claimed the following substantive reliefs: -

(2.) THE precise case of the petitioner is that land bearing Khasra No. 3106/2944/1045 measuring 11 -04 square yards, situated in Mohal Joginder Nagar/396, Tehsil Joginder Nagar, District Mandi, is recorded in his ownership and possession upon which he has constructed a shop in the year 1980. This land is adjacent to the National Highway commonly known as "Joginder Nagar -Sarkaghat -Ghumarwin" Highway. In the year 2001, the Assistant Engineer, HPPWD, filed a complaint against the petitioner alleging therein that the petitioner had started construction over RDs No. 0/138 to 0/143 in Khasra No. 1046/1, 1003/1, 366/1 and 366/2, measuring 11 -1 square yards which was the acquired width of the HPPWD. This complaint was preferred before the Sub Divisional Collector under the provisions of the Himachal Pradesh Public Premises and Land (Eviction and Rent Recovery) Act, 1971 (for short 'the Act').

(3.) THE respondents No. 1, 3 and 4 i.e. the Principal Secretary (Revenue), Divisional Commissioner, Mandi and Sub Divisional Collector, Sub Division, Joginder Nagar, have filed common reply wherein it has been averred that since the petitioner had raised question about demarcation, therefore, the land in question was got demarcated from the Tehsildar, Joginder Nagar and the petitioner had accepted the demarcation given on the spot on 25.05.2007. They have also annexed the copy of the demarcation report submitted by the Tehsildar along with copy of the statement made by the petitioner on the said date. It is further averred that all the issues raised by the petitioner were taken into consideration and the impugned orders were passed after appreciating the evidence placed on record. It was highlighted that due cognizance was taken of the orders passed by this Court and the case was decided in accordance with the directions and also within the time frame given by this Court, on 25.04.2007 in CWP No. 1249/2001, titled 'Bhal Chander versus State of Himachal Pradesh and others, wherein and whereby, all encroachments on the roadside of the PWD and action taken report was required to be submitted to the Registrar General of this Court.