Himachal Pradesh High Court
Shri Ramesh Chander Son Of Late Gian ... vs Union Of India Through Its Secretary on 3 June, 2022
Bench: Tarlok Singh Chauhan, Chander Bhusan Barowalia
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 3rd DAY OF JUNE, 2022
BEFORE
.
HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
&
HON'BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA
CIVIL WRIT PETITION NO. 3524 of 2022
BETWEEN r
DALER SINGH (AGED ABOUT 35 YEARS) SON OF
SHRI RAMESH CHANDER SON OF LATE GIAN SINGH,
RESIDENT OF VILLAGE MANJHAR, POST OFFICE
LOHARA, TEHSIL FATEHPUR, DISTRICT KANGRA,
HIMACHAL PRADESH, OLD ADDRESS TIKKA
KUTHADA MAUZA FATEHPUR, TEHSIL NURPUR,
DISTRICT KANGRA, H.P.
...PETITIONER
(BY MR. SANJAY DUTT VASUDEVA, ADVOCATE.
AND
1. UNION OF INDIA THROUGH ITS SECRETARY,
MINISTRY OF WATER RESOURCES, GOVERNMENT OF
INDIA, SHARMSHAKTI BHAWAN, RAFI MARG, NEW
DELHI.
2. STATE OF HIMACHAL PRADESH THROUGH ITS
PRINCIPAL SECRETARY (REVENUE) TO THE
GOVERNMENT OF HIMACHAL PRADESH, SHIMLA2.
3. THE DEPUTY COMMISSIONER, RELIEF &
REHABILITATION (R& R) RAJAKATALAB, TEHSIL
NURPUR, DISTRICT KANGRA, H.P.
4. THE SECRETARY, DEPARTMENT OFREVENUE,
GOVERNMENT OF RAJASTHAN, JAIPUR.
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2
5. ADDITIONAL COLONIZATION COMMISSIONER,
BIKANER, RAJASTHAN.
6. THE DISTRICT COLLECTOR, DISTRICT
SRIGANGANAGAR, RAJASTHAN.
7. CHAIRMAN BBMB 19b MADHYA MARG HLDC
.
COMPLEX INDUSTRIAL AREA, PHASE1 CHANDIGARH
16002.
...RESPONDENTS
(BY MR. BALRAM SHARMA, ASSISTANT SOLICITOR
GENERAL OF INDIA FOR RESPONDENT NO. 1.)
(BY MR. ASHOK SHARMA, ADVOCATE GENERAL
WITH MR. RAJINDER DOGRA, SENIOR ADDITIONAL
ADVOCATE GENERAL, MR. SHIV PAL MANHANS, MR.
VINDO THAKUR, ADDITIONAL ADVOCATE GENERALS,
FOR RESPONDENTS NO. 1 TO 3. )
(MR. N.K. GUPTA, ADVOCATE, FOR RESPONDENT NO.
4.
(MR. SHASHI SHIRSHOO, CENTRAL GOVERNMENT
COUNSEL, FOR RESPONDENT NO. 5.)
(MR. MAAN SINGH, ADVOCATE, FOR RESPONDENT
NO. 6)
(MS. SHWETA JOOLKA, ADVOCATE, FOR
RESPONDENT NO. 7)
This petition coming on for admission this day, the
Court passed the following:
ORDER
Notice. Mr.Balram Sharma, learned Assistant Solicitor General of India, Mr.Vinod Thakur, learned Addl. A.G. Mr. Y.W.Chauhan, Advocate and Mr. K.B. Khajuria, Advocate appear and waive service of notice on behalf of respective respondents.
::: Downloaded on - 04/06/2022 20:03:07 :::CIS 32. By way of instant petition filed under Article 226 of the Constitution of India, petitioner has prayed for issuance of direction to the respondent/State of Rajasthan to allot him land in District .
Sriganganagar on account of his being Pong Dam Oustee.
3. Mr. Vinod Thakur, learned Additional Advocate General and Mr. Yashwardhan Chauhan, Advocate have put in appearance on behalf of respondents No. 2 to 6. They state that prayer made in the instant petition on behalf of the petitioner cannot be allowed till the time the eligibility certificate is not issued by the State of Himachal Pradesh certifying therein that late grandfather of the petitioner was Pong Dam oustee and his land was acquired for construction Pong Dam.
4. Petitioner, claiming himself to be the Pong Dam oustee, has prayed for issuance of direction to the respondents to provide him land in the State of Rajasthan from the available pool.
The averments contained in the petition as well as documents annexed therewith, clearly reveal that the grandfather of the petitioner namely late Shri Bholu Ram son of late Shri Sheru was a Pong Dam oustee and more than 50% of his land was acquired for the construction of Pong Dam, vide notification under Section 4 of the Land Acquisition Act, 1894 alongwith other land owners for the construction of Pong Dam Project on 31.3.1961. As per Rehabilitation Scheme and agreement arrived interse the State of Himachal Pradesh and the State of Rajasthan, land was to be ::: Downloaded on - 04/06/2022 20:03:07 :::CIS 4 allotted to the oustees in the State of Rajasthan in lieu of acquired land.
5. As per the averments contained in the petition, more .
than 50% of the land of grandfather of the petitioner, namley late Shri Bholu Ram, son of late Shri Sheru was acquired as mentioned above but till date he has not been provided land in the State of Rajasthan, as per Rehabilitation Scheme and agreement arrived interse State of Himachal Pradesh and State of Rajasthan. Prayer made on behalf of the petitioner to recommend his case to High Power Committee can only be made once the eligibility certificate is issued by the State of Himachal Pradesh specifically certifying therein the factum with regard to acquisition of land of grandfather of the petitioner.
6. In the given facts and circumstances, as narrated hereinabove, this Court deems it fit to dispose of the present petition with a direction to respondent No. 3 to issue eligibility certificate in favour of the petitioner, verifying therein factum with regard to acquisition of land of grandfather of the petitioner, namely Shri Bholu Ram, son of late Shri Sheru for construction of Pong Dam and in case, it is certified that the land of petitioner's grand father was acquired, the eligibility certificate be issued expeditiously, preferably within a period of four weeks. After issuance of eligibility certificate, if any, case of the petitioner be recommended to High Power Committee recommending therein the allotment of land in favour of legal heirs of the deceased grand ::: Downloaded on - 04/06/2022 20:03:07 :::CIS 5 father of the petitioner. On receipt of recommendation, if any, from the State of Himachal Pradesh, Committee is directed to consider and decide the case of the petitioner for allotment of land in the .
State of Rajasthan within a period of two months from the date of recommendation.
The pending application(s), if any, are also disposed of.
(Tarlok Singh Chauhan)
Judge
(Chander Bhusan Barowalia)
r Judge
June 3, 2022
Kalpana
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