SUKH DEV Vs. STATE OF H.P.

JUDGEMENT

(1.) THE subject matter of the dispute is the land described in khewat/khatauni No. 145-min-253 bearing Khasra No. 632/7 and 74, Kitas 2, measuring 1.96.20 hectares, situate in Mauza Baag Buhla/Dehan, Pargana Naval, Tehsil Palampur, Distt. Kangra. The present appellants have preferred a suit for declaration of the effect that the aforesaid land was being used for the benefit of village community including playground of the school and as such was not liable to vest in the State of Himachal Pradesh (defendant No. 1) as envisaged under Section 3 of the H.P. Village Common Lands (Vesting and Utilisation) Act, 1974 (hereinafter to be called as 'the Act'). Consequential relief of permanent injunction has been asked for to restrain defendants No. 2 and 3 from interfering with the exclusive enjoyment of the land in dispute by village community as a playground for the school as well as for holding annual fair.

(2.) IN the aforesaid suit, an application under Order 39 Rules 1 and 2 read with Sections 151, 141 and 94 of the Code of Civil Procedure was preferred, wherein it had been alleged that defendants 2 and 3 were going ahead with the allotment of work and consequentially further going to start construction of 132 KV Grid sub-station and other constructions over the land in question and, according to the applicant-plaintiffs, in case they were allowed to do so, the very purpose of filing the suit would be defeated. It was prayed through the present application that defendants 2 and 3 be restrained from raising any constructions either in response to the notice inviting tenders dated 26.9.1994 published in Daink Punjab Kesari, Jalandhar in respect of items 10 to 12 contained therein or any other sort of construction over the land in suit. According to the applicant-plaintiffs, the land comprised in Khasra No. 15, which was situated adjacent to the suit land, has been leased out by the State of H.P. (defendant No. 1) in favour of defendant No. 2 for the construction of 132 KV Grid Sub-station. As this land was contiguous to the land in dispute defendant No. 2 under the garb of lease in its favour, in respect of Khasra No. 15, was encroaching upon the land in dispute whereby the plaintiffs apprehend that their rights in continuous enjoyment of the land in dispute were likely to be interfered with.

(3.) ORIGINALLY , this suit was being tried in the High Court, but because of the amendment made in the H.P. Courts Act, this case was transferred to the files of the District Judge, Kangra at Dharamshala.