Himachal Pradesh High Court
Sh. Neelam Goswami vs State Of H.P. & Others on 4 November, 2020
Author: Sandeep Sharma
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 796 of 2019
Date of decision: 03.11.2020
.
Sh. Neelam Goswami ....Petitioner
Versus
State of H.P. & Others ....Respondents
Coram
The Hon'ble Mr. Justice Sandeep Sharma, J.
Whether approved for reporting ?1 _______________________________________________________ For the Petitioner: Mr. Dushyant Dadwal, Advocate.
For the Respondents: Mr. Sudhir Bhatnagar and Mr. Arvind r Sharma, Additional Advocate Generals with Mr. Kunal Thakur, Deputy Advocate General, for respondent-State.
Mr. K.D. Sood, Senior Advocate with Mr. Sukrit Sood, Advocate, for respondent No.2.
Sandeep Sharma, Judge(Oral):
(Through Video Conferencing) Pursuant to order dated 6.10.2020, Assistant Commissioner-cum-SDO(C) (Shri Chamunda Devi Temple Trust, Dharamshala) has filed his reply/affidavit, perusal whereof reveals that in terms of aforesaid order, temple premises, i.e. Shri Chamunda Devi Temple Trust, Dharamshala, were visited by the aforesaid Officer along with the petitioner. During visit, three sites were shown to the petitioner where she could be allotted shop in lieu of the property occupied by her in the periphery of temple premises. It would be apt to take note of para-3 of the reply-affidavit, which reads as under:
1 Whether the reporters of Local Papers may be allowed to see the judgement?::: Downloaded on - 06/11/2020 20:18:14 :::HCHP 2
"3. it is respectfully submitted that as per directions of the Hon'ble Court in its order passed on dated 6.10.2020, the premises was visited by the deponent alongwith the petitioner. That the petitioner was requesting to allot land within temple .
premises which cannot be acceded as after beautification work of the temple, no such place has been earmarked within the temple complex. However, on the directions of the Hon'ble Court following three places were shown to the petitioner in addition to the already existing shopping complex where new shop can be constructed after the approval of the Temple Trust for allotment on rent basis. A rough map is submitted for clarity of the availability of the space please (Annexure''A').
3(1) The newly constructed shopping complex ( C) is 96 mtrs.
From the main entrance of the temple and two number shops have been offered to the petitioner within the complex and Temple Trust is ready to carry out any amendments to these shops as per the requirement of the petitioner.
3(2) There is one dilapidated building at spot 'D' which is occupied by Himachal Pradesh State Electricity Board and in future, it can be developed as per the requirement of the temple, it is 45 mtrs. from the main gate of the temple at 'A'.
3(3) The second place where a shop can be constructed for allotment on rent by Trust is near Yatri Sadan is at point 'E' which is around 212 mtrs. from the main gate of the temple.
3(4) The third place is at point 'F' which is around 207 mtrs.
from the temple gate and is on the sides of the parking which is adjacent to the proposed site for construction of ropeway to ADI Himani Chamunda Ji."
2. Petitioner during her visit agreed for shop, as has been indicated in Para 3(2) of reply-affidavit, as is evident from her statement recorded by Assistant Commissioner-cum-SDO (C) (Shri Chamunda Devi Temple Trust, Dharamshala) on 8.10.2020 in the presence of Tehsildar Dharamshala and Junior Engineer of the Temple.
3. Statement given by the petitioner clearly reveals that she is ready and willing to vacate the premises presently occupied by ::: Downloaded on - 06/11/2020 20:18:14 :::HCHP 3 her, in case shop as has been indicated in para 3(2) is allotted to her.
She has categorically stated in her statement that she be given shop .
in lieu of the building agreed to be vacated by her within the stipulated time.
4. Petitioner, namely, Smt. Neelam Goswami, who is present in the Court, states on oath, that proposal as has been made by Assistant Commissioner-cum-SDO (C) (Shri Chamunda Devi Temple Trust, Dharamshala) is acceptable to her, but till the time new shop is allotted to her, she be permitted to run her business from the two shops earlier offered to her by Temple Trust. She further states that vacant possession of building presently being occupied by her shall be handed over to the Temple Trust, positively within a period of one month, enabling it to raise construction on the same, but she be allowed to remove building material and fixtures, so that same can be reused by her. Aforesaid statement of the petitioner is taken on record.
5. Mr. K.D. Sood, learned Senior Counsel representing respondent No.2, on instructions, states that since approval for construction of shop on the land selected by the petitioner is to be given by Temple Trust and thereafter, necessary sanctions/approvals are to be taken from authorities, one year time may be given to the Temple Trust for handing over the possession of the shop to be constructed on the land selected by the petitioner. He further states that two shops already offered to the petitioner, may be occupied by her for time being on the payment of market rent, but same shall be ::: Downloaded on - 06/11/2020 20:18:14 :::HCHP 4 handed over back to the Trust once newly constructed shop is given to the petitioner.
.
6. Consequently, in view of the aforesaid amicable settlement arrived inter se parties, learned counsel representing the petitioner seeks permission to withdraw the present petition, at this stage, with liberty to file afresh, at appropriate stage, if so required and desired. However, it is made clear that in case, any of the party to the lis, fails to abide by the commitment/undertaking given before this Court, it shall render itself liable for penal consequences as well as contempt of Court. The petitioner is directed to hand over vacant possession of building presently occupied by her within a period of one month. Respondents are also directed to hand over the possession of two shops already offered to the petitioner immediately.
Needless to say that electricity and shutter, if not, already provided/fixed in the shops, shall be provided by the Temple Trust immediately, enabling the petitioner to earn her livelihood.
Accordingly, the petition is disposed of, so also pending application(s), if any.
3rd November,2020 (Sandeep Sharma)
(reena) Judge
::: Downloaded on - 06/11/2020 20:18:14 :::HCHP