Himachal Pradesh High Court
Bheem Sain vs State Of Himachal Pradesh And Others on 27 March, 2018
Author: Tarlok Singh Chauhan
Bench: Tarlok Singh Chauhan
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 3096 of 2012 .
Date of decision: 27th March, 2018.
__________________________________________________________________ Bheem Sain ...Petitioner.
Versus State of Himachal Pradesh and others. ..Respondents.
Coram The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
Whether approved for reporting ?1 No For the Petitioner : None.
For the Respondents : Mr. Vinod Thakur, Addl. A.G. with Mr. Bhupinder Thakur, Dy. A.G. Tarlok Singh Chauhan, Judge ( Oral ) The writ petition apparently has been rendered infructuous with the efflux of time as is evident from the prayer clauses, which read as under:
"(1) That the writ of mandamus may be issued by directing the respondents to not carry out the work of installation of transmission line till the finalization of acquisition of land of petitioner. (2) That the respondents may be directed to provide adequate compensation as per the Electricity Act and the Land Acquisition, Rehabilitation and Resettlement act."
1
Whether reporters of Local Papers may be allowed to see the Judgment ? Yes ::: Downloaded on - 27/03/2018 23:40:33 :::HCHP 2
2. Admittedly, there was no order passed by this Court restraining the respondents from carrying out the work of .
installation of transmission line till the finalization of the acquisition of the land of the petitioner and the said line must have therefore been laid by now.
3. As regards, the relief of compensation, the petitioner is always at liberty to take recourse for the same under the provisions of Section 10 of the Indian Telegraph Act, 1885, if available to him under the law.
In light of the above, nothing survives for adjudication.
The writ petition is accordingly dismissed, leaving the parties to bear their own costs. Pending application(s) if any, stands disposed of.
27th March, 2018. ( Tarlok Singh Chauhan), (GR) Judge ::: Downloaded on - 27/03/2018 23:40:33 :::HCHP