Himachal Pradesh High Court
Shri Amar Singh vs State Of Himachal Pradesh on 29 November, 2021
Author: Sabina
Bench: Sabina
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 29th DAY OF NOVEMBER, 2021
.
BEFORE
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ,
CHIEF JUSTICE
&
HON'BLE MS. JUSTICE SABINA
CIVIL WRIT PETITION No. 2408 of 2017
Between:
1. SHRI AMAR SINGH,
S/O SHRI GOVINDA,
R/O VILLAGE DARKOHAL,
POST OFFICE BALDWARA,
TEHSIL SARKAGHAT,
DISTRICT MANDI,
HIMACHAL PRADESH.
2. ASHOK KUMAR,
S/O SHRI AMAR SINGH,
R/O VILLAGE DARKOHAL,
POST OFFICE BALDWARA,
TEHSIL SARKAGHAT,
DISTRICT MANDI,
HIMACHAL PRADESH.
...PETITIONERS
(BY MR. RAJIV RAI,
ADVOCATE)
AND
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2
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (HPPWD)
TO THE GOVERNMENT OF
HIMACHAL PRADESH.
.
2. DEPUTY COMMISSIONER,
DISTRICT MANDI,
HIMACHAL PRADESH.
3. EXECUTIVE ENGINEER,
HIMACHAL PRADESH RURAL
INFRASTRUCTURE DEVELOPMENT
CORPORATION, HAMIRPUR,
DISTRICT HAMIRPUR,
HIMACHAL PRADESH.
4. M G CONSTRUCTION PRIVATE
LIMITED (MITTAL & GARG
CONSTRUCTION PRIVATE
LIMITED),
OFFICE: WARD NO. 1,
HOUSE NO. 198,
NEAR BACHPAN SCHOOL,
KRISHNA NAGAR,
HIRA NAGAR,
DISTRICT HAMIRPUR,
HIMACHAL PRADESH,
THROUGH IT'S
PROJECT MANAGER.
...RESPONDENTS
(BY MR. ASHOK SHARMA,
ADVOCATE GENERAL,
WITH MS. SEEMA SHARMA,
DEPUTY ADVOCATE GENERAL)
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3
This Civil Writ Petition coming on for admission this
day, Hon'ble Mr. Justice Mohammad Rafiq, passed the
following:
.
ORDER
This writ petition was filed by the petitioners way back in the year 2017 with the prayer that the respondents be directed to restore the link road at site No. 86 adjacent to Palasi Bridge r to leading to the house/shop of the petitioner and the ration depot run by the Palasi Gram Sewa Sehkari Sabha Samiti. A prayer was also made to direct the respondents to pay compensation to the tune of at least rupees Ten Lac for the loss of goodwill and loss of business of the petitioners on account of the act and conduct of the respondents in destroying the link road/path leading to the house and shop of the petitioners.
2. Respondent No. 1 in its reply to the writ petition has contended that the construction work of Joginder Nagar SarkaghatGhumarwin Super Highway has been completed in the year 2016 in all respects. The respondents have not obstructed any path, but contrarily, they have repaired the path which leads to the locality of Dharkol. There is a jeepable road to Village ::: Downloaded on - 31/01/2022 23:21:16 :::CIS 4 Dharkol from the Super Highway through which the people of the said village reach their agriculture fields with cattle and goods. A .
map has been annexed with the reply to the writ petition as Annexure R1 to explain the point.
3. It is contended that the jeepable road to the village and their fields is still existing, as shown in the aforesaid map. The gradient of the earlier road was low and the petitioners were using a jeepable kachha road from this road to their house and now, due to construction of the new Super Highway, the approach to the house of the petitioners from the old road has been stopped, however, the approach road to the villages is still in existence.
The house of the petitioners is at a distance of 80 metres from the Super Highway and respondent No. 4Contractor has repaired/constructed the approach path to the house of the petitioners by constructing retaining walls.
4. It is further contended that house of the petitioners is shown at point B in Annexure R1. As far as the approach to the industry of petitioners is concerned, the road bifurcating from point A can be used, which exists exactly opposite to the earlier path.
::: Downloaded on - 31/01/2022 23:21:16 :::CIS 55. As regards the ration shop, it is submitted that the Palasi Gram Seva Sehkari Sabha Samiti has shifted its office to a .
new location adjacent to the Super Highway and as such, the people do not face any problem in collecting their monthly ration.
Earlier the Super Highway has been constructed on acquired land as per the plan by keeping in view the gradient at the spot.
6. The learned counsel for the petitioners has, however, submitted that even as per the map Annexure R1, it is clearly mentioned that connectivity to the house of the petitioners is incomplete.
7. We, therefore, dispose of this writ petition with a direction to respondent No. 3 to inspect the site and ensure that connectivity to the house of the petitioners, as per the preexisting road, should be restored in such a way by having a motorable road.
8. As regards the alternative prayer for grant of the compensation to the tune of rupees ten lac, no such relief can be granted in the scope of the present writ petition as this would involve question of disputed facts, which cannot be entertained in writ jurisdiction.
::: Downloaded on - 31/01/2022 23:21:16 :::CIS 69. At this stage, the learned counsel for the petitioners submits that the petitioners should be set at liberty to approach .
the Civil Court for compensation. It is always open to the petitioners, if in law any such remedy is available to them.
10. Pending miscellaneous applications, if any, shall also stand disposed of accordingly.
r to ( Mohammad Rafiq )
Chief Justice
( Sabina )
Judge
November 29, 2021
( rajni )
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