Himachal Pradesh High Court
Radhika Kapur vs State Of Himachal Pradesh on 30 September, 2022
Bench: Tarlok Singh Chauhan, Virender Singh
1
Reportable/Non-reportable
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 30th DAY OF SEPTEMBER, 2022
.
BEFORE
HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
&
HON'BLE MR. JUSTICE VIRENDER SINGH
CIVIL WRIT PETITION No. 7951 OF 2021
Between:-
1. RADHIKA KAPUR
WIFE OF LATE MR. ROHIT KAPUR,
RESIDENT OF KAPUR LODGE, BELOW PARAGON
HOTEL, TEHSIL AND DISTIRCT SOLAN,
HIMACHAL PRADESH, AGED 56 YEARS
2. DHARUN KAPUR
SON OF LATE MR. ROHIT KAPUR,
RESIDENT OF KAPUR LODGE, BELOW PARAGON
HOTEL, TEHSIL AND DISTIRCT SOLAN,
HIMACHAL PRADESH, AGED 35 YEARS
....PETITIONERS
(BY MR. ROMESH VERMA, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (URBAN DEVELOPMENT
DEPARTMENT) TO THE GOVERNMENT OF HIMACHAL
PRADESH.
2. MUNICIPAL CORPORATION SOLAN
THROUGH ITS COMMISSIONER, RAJGARH
RD, WARD NUMBER 7, SOLAN, HIMACHAL PRADESH.
3. THE ARCHITECT PLANNER,
MUNICIPAL CORPORATION SOLAN,
WARD NUMBER 7, SOLAN, HIMACHAL PRADESH.
4. JUNIOR ENGINEER,
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2
MUNICIPAL CORPORATION SOLAN,
WARD NUMBER 7, SOLAN, HIMACHAL PRADESH.
5. BHARTI KAPOOR
WIFE OF MR. RAJINDER KAPOOR,
.
RESIDENT OF KAHN NIWAN, NEAR HIMANI
HOTEL, TEHSIL AND DISTRICT SOLAN,
HIMACHAL PRADESH.
6. KRISHAN KAPOOR
WIFE OF MR. BHARAT KAPOOR,
RESIDENT OF KAHN NIWAN, NEAR HIMANI
HOTEL, TEHSIL AND DISTRICT SOLAN,
HIMACHAL PRADESH.
..RESPONDENTS
(MR. VINOD THAKUR, ADDL. A.G.
WITH MR. SHIV PAL MANHANS, ADDL.
A.G. AND MR. BHUPINDER THAKUR,
DY. A.G FOR R-1
MR. SUDHIR THAKUR, SENIOR
ADVOCATE WITH MR. KARUN NEGI,
ADVOCATE FOR R-2 TO R-4
MR. N.K. BHALLA & MR. DALIP K.
SHARMA, ADVOCATES FOR R-5 AND
R-6
BOTH THE PETITIONERS AND
RESPONDENT NO. 5 AND MR. SURAJ
KAPOOR, GPA OF SMT. KRISHNA
KAPOOR, SMT. ANJU KAPOOR AND
SMT. BHARTI KAPOOR ARE ALSO
PRESNT IN PERSON)
__________________________________________________________________
This petition coming on for admission on this day,
Hon'ble Mr. Justice Tarlok Singh Chauhan, passed the
following:-
ORDER
It is heartening to note that with the pro-active role and intervention of the learned Mediator Mr. N.K. Sood, learned Senior Advocate and a trained Mediator, the parties have ::: Downloaded on - 30/09/2022 20:04:01 :::CIS 3 amicably settle their disputes, in terms of settlement arrived at, which reads as under:-
TERMS OF SETTLEMENT .
The parties have settled the dispute on the following terms and conditions
1. The main dispute between the petitioners and the respondents is with respect to land comprised in Khata Khatauni No. 76/93 in Khasra No. 1505/47 and 1506/47 total measuring 160 sq. meters situated in Mauja Kather, Tehsil & District Solan, H.P.
2. The parties admit, agree and acknowledge that the settlement which was arrived at between the parties during the spot visit on 24.9.2022 duly recorded with hand and duly signed with its typed copy has been placed on mediation file as Annexure 'A' to this settlement.
3. According to the settlement a spot tatima stands prepared by Sh. Amandeep Singh Sahibi, Village Revenue Officer, Solan Town-II, Tehsil & District Solan, H.P. The accuracy and correctness of the said tatima is admitted and accepted by all the parties especially the petitioners and respondents No. 5 and
6. The said tatima has also been filed on record of the mediation proceedings and marked as Annexure 'B' to this settlement.
4. The petitioners and respondents No. 5 and 6 also confirm, agree and declare that motorable passage in minimum three meter width as detailed in the settlement arrived on spot stands duly carved out, identified and located on spot and also the brick line ::: Downloaded on - 30/09/2022 20:04:01 :::CIS 4 to segregate the portions of Khasra No. 1506/47 stands erected and only thereafter on correct measurements on spot the aforesaid spot tatima Annexure 'B' has been prepared.
.
5. The parties agree, admit, accept and declare that as per the settlement, the petitioners will remain exclusive owners in possession of the land comprised in Khasra No. 1506/47/2 in Mauja Kather, Tehsil & District Solan, H.P. Consequently, respondents No. 5 and 6 alongwith Smt Anju Kapoor, wife of Sh. Suraj Kapoor and Sh. Arjun Behl and Smt. Paramjeet Behl or anyone claiming through or under them will have no right title or interest what soever of any kind either in the ownership, user or enjoyment of the said area falling in Khasra No. 1506/47/2 as shown in the spot tatima Annexure 'B'.
6. That likewise the petitioners have surrendered and given up all their right,title and interest in Khasra Nos. 1505/47 and kahsra No. 1506/47/1 in favour of respondents No. 5 and 6 alongwith Smt Anju Kapoor, wife of Sh. Suraj Kapoor and Sh. Arjun Behl and Smt Paramjeet Behl. Consequently the said area under Khasra Nos. 1505/47 and 1506/47/1 will remain in the joint ownership, possession and user of respondents No. 5 and 6 alongwith Smt Anju Kapoor, wife of Sh. Suraj Kapoor and Sh. Arjun Behl and Smt.Paramjeet Behlas per their respective share already recorded which will be used as a motorable access/ passage approachable from road in Khasra No. 31 by the said owners. Thus in said Khasra Nos. 1505/47 and 1506/47/1 as detailed and depicted in spot tatima Annexure'B', the petitioners or any one ::: Downloaded on - 30/09/2022 20:04:01 :::CIS 5 claiming through or under them will have no right, title or interest.
7. The petitioners admit, acknowledge and agree .
that they have no objection whatsoever of any kind against the building plans which have already been sanctioned in their favour by concerned authorities and that the respondents No. 5 and 6 are free to commence and carry on their construction activity on the land/property as per the sanctioned plans. All objections raised earlier by the petitioners against such sanction of the building plans are hereby withdrawn. The building plan of respondent No.5 bears reference No. 02202101338 with respect to Khasra No. 1491/909/34/1, 1494/37/1 and 1509/47/1 total measuring 229 sq. meters situated in Mauja Kather, Tehsil & District Solan, H.P. and the sanctioned building plan of respondent No.6 bears reference No. 02202101439 with respect to Khasra Nos. 1496/38/2, 1494/37/2, 1491/909/34/3, 1509/47/2, 42/1,36/2 and 35 kitas 7 measuring 223 sq. meters in aforesaid Mauja Kather, Tehsil & District Solan, H.P.
8. Likewise respondents No. 1 to 4 have also no objection for the respondents No. 5 and 6 carrying on their construction activity as per the sanction already accorded. Respondent No.2 has also undertaken that final decision will be taken within a period of two months positively on the building plan which have been submitted by Ms.Krishna Kapoor and others for their proposed construction in khasra Nos.36/1, 1496/38/1, 42/2, 1509/47/4,43/3,1501/41 and 1498/914/39 in Mauja Kather, Solan. The necessary ::: Downloaded on - 30/09/2022 20:04:01 :::CIS 6 applications/documents etc.for such sanction as applied by Ms.Krishena Kapoor and others stands received in the concerned quarter of Municipal Corporation, Solan on 9.9.2022 against diary .
No.3678. Likewise within the same time respondent No.2 Municipal Corporation Solan has also undertaken to take a final decision with respect to building plans submitted by Ms. Anju Kapoor for construction with respect to khasra Nos. 1509/47/3., 43/1,1508/47/1 and 1503/46 in Mauja Kather, Solan. The said plans from Ms. Anju Kapoor stands received in the concerned quarter in the office of respondent No.2 on 9.9.2022 against diary No.3679. If in order the sanction of such plans will be made a communicate to the applicants within the aforesaid time.
9. That in order to keep all the concerned official record straight and in order, the petitioners and respondents No. 5 and 6 based on this settlement, hereby request the Hon'ble court to further direct the Tehsildar Solan and all concerned Revenue Authorities to carry out necessary corrections/amendments incorporations in all the revenue records where ever required within time bound frame including the jamabandi etc so as to depict and show the petitioners as exclusive owners in possession of aforesaid Khasra No. 1506/47/2 and respondents No. 5 and 6 and Smt Anju Kapoor, wife of Sh. Suraj Kapoor alongwith Sh. Arjun Behl and Smt. Paramjeet Behl as exclusive owners in possession of aforesaid Khasra Nos. 1505/47 and 1506/47/1 as detailed and described in aforesaid spot tatima marked as Annexure 'B'.
::: Downloaded on - 30/09/2022 20:04:01 :::CIS 710. The petitioners and respondents No. 5, 6 and Smt.Anju Kapoor also admit, acknowledge, agree and undertake that neither of them or anyone claimed through or under them will create any obstruction, .
hindrance of any kind in the peaceful enjoyment of their respective rights, entitlements etc. as agreed and incorporated in this settlement. The parties will remain bound by these terms.
11. The parties admit, acknowledge, agree and undertake that they will remain bound by the terms of this settlement in letter and spirit. Anything inconsistent or contrary to such settlement will not prevail. The terms and conditions of aforesaid have been arrived at by the parties as a result of mutual deliberation and discussions which is voluntary and of their own volition.
2. Now, that the parties have settled their disputes, nothing survives to be adjudicated in the instant petition save and except to observe that the parties shall be bound by the compromise as aforesaid. In case of any violation by anyone, he/she shall be prosecuted under the Contempt of Courts' Act, in addition, action including the penal action may be taken against them in accordance with law.
3. The petition is disposed of on the basis of compromise entered into between the parties. The parties are at liberty to present a copy of this order to the revenue authorities, who upon presentation of the same, within 15 days, enter the ::: Downloaded on - 30/09/2022 20:04:01 :::CIS 8 mutation in terms of settlement. Pending applications, if any, also stand disposed of.
.
( Tarlok Singh Chauhan )
Judge
September 30, 2022 ( Virender Singh )
(naveen) Judge
r to
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