Himachal Pradesh High Court
Desh Raj & Ors. vs . The State Of H.P. & Ors. on 21 August, 2025
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
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Desh Raj & Ors. Vs. The State of H.P. & Ors.
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CWP No. 3447 of 2023.
21.08.2025 Present: Mr. Ashok Sharma, Senior Advocate, with Ms. Anubhuti Sharma, Advocate, for the petitioners.
Mr. Rajat Chauhan, Assistant Advocate General, for the respondents-State.
The allegation of the petitioners is that action has been initiated against them under the provisions of H.P. Infrastructure Protection Act, 2002 (hereinafter referred to as 'the Act'), without complying with the mandatory provisions thereof.
Learned Senior Counsel appearing for the petitioners submits that the respondents have not prepared any road infrastructure map, in terms of Section 4 of the Act and as there is a flagrant violation of Section 4 of the Act, the action initiated against the petitioners is not sustainable in the eyes of law.
Though, a perusal of the reply filed by the State demonstrate that it is mentioned therein that road infrastructure map has been prepared, but the reply does not spells out as to whether the procedure prescribed in Section 4 of the Act was followed while preparing the map in issue or not.
Learned Assistant Advocate General is granted two weeks time to file an Affidavit of the competent Authority to ::: Downloaded on - 21/08/2025 21:42:43 :::CIS demonstrate as to whether any road infrastructure map was .
prepared and if yes, what procedure was followed while preparing the same. List on 10.09.2025, as prayed for.
De-link this matter from CWP No. 5159 of 2020, as prayed for.
(Ajay Mohan Goel) Judge August 21, 2025 (Shivank Thakur) ::: Downloaded on - 21/08/2025 21:42:43 :::CIS