NARINDER LAL NEGI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THOUGH the present petition is a private litigation, but it has been treated as a Public Interest Litigation, since a question of great public importance has been raised and also on the basis of the material placed on record by the State Government in sequel to various orders, passed by this Court, which shows total recklessness on the part of the statutory authorities under The Himachal Pradesh Nautor Land Rules, 1968 to allot Nautor land in contravention of the Rules.

(2.) PETITIONER was granted Nautor land measuring 0 -00 -79 hectares, situated in Up Mohal Chirgaon, Tehsill Nichar, District Kinnaur vide order, dated 27th December, 1989. The Sub -Divisional Officer (Civil) reviewed the said order vide order, dated 5th March, 1993 and cancelled the order of Nautor land granted in favour of the petitioner. Petitioner filed an appeal before the Deputy Commissioner, Kinnaur against the order, dated 5th March, 1993. The appeal was dismissed vide order, dated 5th June, 1993. Petitioner filed the revision petition before the Financial Commissioner bearing Civil Revision No. 264 of 1994, which was partly accepted by the Financial Commissioner on 16.08.1996 and the case was remanded back to the Deputy Commissioner, Shimla. The Deputy Commissioner, Shimla dismissed the same on 24.02.1997. The petitioner filed the revision petition against the order, dated 24.02.1997 before the Financial Commissioner (Appeals), Himachal Pradesh, Shimla bearing Revision Petition No. 58/97. The case was remanded back to the Sub -Divisional Officer (C), Nichar vide order, dated 05.11.2003. The Sub -Divisional Officer (C), conducted the spot investigation on 20.01.2004. He recommended the cancellation of the Nautor land granted in favour of the petitioner vide Annexure P -4. Thereafter, on the recommendations made by the SDO (C), the Nautor land granted in favour of the petitioner was cancelled by the Deputy Commissioner, Kinnur. Petitioner filed a revision petition before the Divisional Commissioner, Shimla, which was dismissed in default and an application for restoration of the same was also dismissed on 04.04.2011 vide Annexure P -5. Thereafter, the petitioner filed a revision petition against the order, dated 04.04.2011, before the Financial Commissioner (Appeals), Himachal Pradesh, Shimla -2. The Financial Commissioner (Appeals), H.P. dismissed the revision petition on 27.08.2013 by upholding the order, dated 04.04.2011, passed by the Divisional Commissioner, Shimla.

(3.) THE respondent -State has framed the Rules called "The Himachal Pradesh Nautor Land Rules, 1968". Rule -3 defines the expressions "Nautor Land", "Tenant", "Landowner", "Circle", "Resident" and "State Government". Rule -5 provides the purpose for which Nautor Land could be granted, which reads thus: