VIDYA PARKASH Vs. STATE OF H.P.

JUDGEMENT

(1.) Petitioners claim to be the residents of Old Bilaspur Town which remains submerged in the waters of Gobind Sagar Dam. Their lands, houses and other properties situate in the said town were acquired. As a result whereof, they got the status of oustees. The respondent, State Government, with a view to re -habilitate such oustees, decided to construct the new Township of Bilaspur and allotted plots to the oustees. Petitioners also received plots in the said process by executing lease deeds, Annexures PD to PH There was open space at the northern side of their plots, which though not alloted to them, was, according to them, kept open for community convenience. The case of the petitioners is that they were at that time given to understand that the said open space would remain open in perpetuity. They were, however, surprised to find out that the aforesaid open space which formed part of khasra No. 248, was being divided into plots, to be allotted to the respondents. This, according to the petitioners, amounts to breach of lease conditions and also their legitimate expectations. Since respondents No. 1 to 3 have conducted the aforesaid ploting and allotment of the said vacant site inspite of their objections, they have preferred this writ petition challenging the legal validity thereof.

(2.) The reply of the respondents No 1 and 2 is that in between the area in question, i.e. khasra No 248 and the plots of the petitioners, there is a 15 feet wide road and hence neither any part of the leased plot of the petitioners nor its frontage is being ploted and allotted to the said respondents. It is further submitted that the allottees of these plots are also oustees who have lost their property as a consequence of construction of Bharikhra Dam and formation of Govind Sagar Lake, The plotting has been approved by the respondent, Director Town and Country Planning and does not adversely affect the petitioners right in any manner. The respondents, therefore, pray that the petitioners have no legitimate grievance to make in the matter and, therefore, pray that the writ petition be dismissed.

(3.) That the petitioners are oustees and were allotted plots is not in dispute. The entire area allotted to them under the lease deeds (Annexures PD to HP), is admittedly its their possession and is not affected in any manner. Inspite of it, schedule to these lease deeds indicate that the northern side of it is open The question requiring consideration is whether the disputed land changes the description of the petitioners plots in any manner ? A perusal of papas 10 and 11 of the petition would indicate that the vacant site bears khasra No. 248. From the map filed by the petitioners, Annexure PC, it is mt clear as to where the land is situate. However, map filed by the respondents (Annexure RB) indicates that in between petitioners plots and khasra No 248 there is a road known as Gurdwara Road which leads to the main market. This area, according to this map, is situate on the southern side of the petitioners plot. A perusal of lease -deeds would indicate that the southern side of petitioners plots are bounded by the Road. Under the circumstances, it is clear that what has been left open in the lease deeds towards north is not the area affected by present plotting and allotment to the respondents and the petitioners cannot have any grievance in the matter.