Himachal Pradesh High Court
Court On Its Own Motion vs State Of H.P. And Others on 12 January, 2018
Bench: Sanjay Karol, Ajay Mohan Goel
1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWPIL No.: 37 of 2018 Date of Decision: 12.01.2018 ___________________________________________________________________ .
Court on its own motion .....Petitioner.
Vs. State of H.P. and others .....Respondents.
Coram:
The Hon'ble Mr. Justice Sanjay Karol, Acting Chief Justice. The Hon'ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?1 For the petitioner: Mr. Rohit Chauhan, Advocate, as Amicus Curiae.
For the respondents: Mr. Ashok Sharma, Advocate General, r with Mr. J.K. Verma, Deputy Advocate General.
Ajay Mohan Goel, Judge (Oral) :
A letter petition received from resident of Village and Post Office Bhawarna, Tehsil Palampur, District Kangra is being treated as Public Interest Litigation, wherein it stands mentioned that there is encroachment upon a water channel, namely, 'Kuhal Diwan Chand' and persons have constructed houses and shops on the same in Bhawarna bazaar.
2. Notice. Mr. J.K. Verma, learned Deputy Advocate General, accepts notice on behalf of the respondents.
3. Mr. Rohit Chauhan, Advocate, who is present in Court, has been requested to assist the Court as Amicus Curiae.
1Whether the reporters of the local papers may be allowed to see the Judgment?
::: Downloaded on - 20/05/2018 21:07:26 :::HCHP 24. Heard for some time. At this stage, learned Advocate General has assured the Court that the allegations raised in the letter petition shall be thoroughly looked into and in case there is any encroachment over any Government/public land including 'Kuhal Diwan .
Chand' (water channel), either by way of illegal construction or otherwise, the same shall be positively removed, in accordance with law, within a period of three months from today.
5. Learned Amicus Curiae expressed his satisfaction over the assurance so given by the learned Advocate General.
6. Accordingly, in view of the assurance given by the learned Advocate General, we close this letter petition with the direction to the authorities concerned that the matter be thoroughly examined and in case it is found that there is any encroachment on the any Government/public land including 'Kuhal Diwan Chand' (water channel), the same be positively removed, in accordance with law, within a period of three months from today.
7. We place on record our appreciation for the assistance rendered by learned Amicus Curiae as well as learned Advocate General.
Registry is directed to send a copy of the order to the letter petitioner(s) as also to the Deputy Commissioner, Kangra for compliance of the order.
Petition stands disposed of in above terms.
(Sanjay Karol) Acting Chief Justice ::: Downloaded on - 20/05/2018 21:07:26 :::HCHP 3 (Ajay Mohan Goel) Judge January 12, 2018 (bhupender) .
rto ::: Downloaded on - 20/05/2018 21:07:26 :::HCHP