LATA DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of the instant writ petition, the petitioner has approached this Court seeking the following substantive Whether reporters of the local papers may be allowed to see the judgment? reliefs amongst others:

(2.) The case of the petitioner is that as per the jamabandi for the year 2007-08, she is owner-in-possession of 4 biswas of land in Khata Khatauni No. 1 min/1 min, Khasra No. 1033/2/3/3, measuring 00-01-80 hectares, situated in Mohal Ghunda, P.C. Himri, Tehsil Kotkhai, District Shimla, H.P. The respondents, without there being any acquisition of the land of the petitioner, issued notice under Sections 67 and 68 of the Electricity Act, 2003 and started digging the land of the petitioner directing her not to make any construction since they are proposing over-head wires, gantry and tower on the said land, whereupon the petitioner approached the Civil Court seeking injunction and the Civil Court has granted injunction in favour of the petitioner. Despite the injunction order granted by the Civil Court, the respondents are alleged to have been throwing debris over the land the petitioner dis-entitling her to do any agricultural or construction activities over the said land.

(3.) In this backdrop, it has been argued by the learned counsel appearing for the petitioner that a direction be issued to the respondents either to acquire the land of the petitioner or not to enter into the land and throw the debris on the land in question. It has further been prayed on behalf of the petitioner that in case the land of the petitioner is to be utilized, the land has to be evaluated, demarcated and compensation has to be awarded after acquisition of the land, as per the provisions of the law holding the field.