STATE OF H.P. Vs. DALIP SINGH

JUDGEMENT

(1.) Whether approved for reporting?1 No. For the Appellants : Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Addl. A.G., Mr. Bhupinder Thakur, Ms. Svaneel Jaswal, Mr. Narinder Thakur, Dy. A.Gs. and Mr. Ram Lal Thakur, Asstt. A.G.

(2.) The petitioner approached this Court by filing CWP No. 659 of 2019, wherein he sought the following substantive relief(s):-

(3.) The case of the writ petitioner was that he was permanent resident of village Baandar, Pargana Stota, Tehsil Chopal, District Shimla and is owner in possession of land comprised in Khewat No. 23/22, Khatauni No. 61, Khasra No. 634, measuring 00-13-92, Khasra No. 636 measuring 00-33-84 and Khasra No. 635, measuring 00-30-36 hectares, situated at Mohal Baandar, Tehsil Chopal, District Shimla. It was pleaded that while constructing Antrawli-Baandaur-Paban road had been constructed under PMGSY, the land comprised in Khasra No. 635 had been utilised without his consent by the appellant for construction of the road which was not even included in the initial survey. It was further averred that petitioner filed a civil suit in the Court of Civil Judge (Junior Division), Chopal praying for permanent prohibitory injunction for restraining the appellants from constructing the road in respect of Khasra Nos. 634 and 636 but despite this the State proceeded with the construction of road over Khasra No. 635 and the same was not the subject matter of the suit. He thereafter applied for demarcation of land wherein it was found that the road had been constructed over the petitioner land comprised in Khasra No. 635. The petitioner approached the department to acquire his land but to no avail. Hence, the writ petition.