Himachal Pradesh High Court
Shri Yashpal Bansal And Another vs Municipal Corporation on 12 March, 2019
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
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CWP No. 5513 of 2010
Decided on: 12.3.2019
Shri Yashpal Bansal and another ....Petitioners.
Versus
Municipal Corporation, Shimla and others ... Respondents.
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Coram
The Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting?1 No.
For the petitioners. : Mr. Satyen Vaidya, Sr. Advocate with
Mr. Vivek Sharma, Advocate.
For respondents : Mr. N.K. Gupta, Advocate for
respondent No.1.
M/s. Dinesh Thakur & Sanjeev Sood,
Addl. AGs with M/s. R. P. Singh & Amit
Kumar Dhumal Dy. AGs for
respondent No.2.
Ms. Saraswati, Advocate vice Ms.
Sunita Sharma, Advocate for
respondents No.3 to 6.
Ajay Mohan Goel, J (Oral)
By way of this petition, petitioners have prayed for the following relief:-
"It is, therefore, respectfully prayed that writ petition may kindly be allowed and the respondents No,1 and 2 may kindly be directed by issuance of writ of Mandamus to repair, reconstruct the public 1 Whether reporters of the local papers may be allowed to see the judgment?::: Downloaded on - 13/03/2019 21:59:57 :::HCHP
path comprised in Khewat Khatauni No. 39min/67min Khasra Nos. 23 and 34 measuring 0-01-52 hectares situated at up Mohal Tara Devi, Mauja Badhai, Tehsil and District Shimla in such a manner so as to make the same use-worthy for pedestrians."
.
2. I have heard learned counsel for the parties and have also gone through the records of the case.
3. It is not in dispute that the land through which the reconstruction of public path is being sought by the petitioners is public land. Learned counsel for the Municipal Corporation, Shimla submits that the Corporation has no objection as far as the development of this particular public path is concerned, however, it is but for the hindrance which is being created by private respondents that the work remains incomplete. He has drawn the attention of the Court to the reply filed on behalf of respondent No.1 dated 10.11.2010, in para 7 whereof it stands mentioned that though the work to repair/maintain the said path was awarded to a contractor, but the same could not be executed by the contractor due to the dispute with regard to the status of the land in question. A perusal of the reply filed by respondents No. 3 to 6 demonstrates that it is not their case that the path is sought to be reconstructed/mettled from the land owned by them. Their objection to the reconstruction/mettling of the path is that the same should not be done as the path is being used by the residents of the area for taking their cattle to their fields etc. As ::: Downloaded on - 13/03/2019 21:59:57 :::HCHP per said respondents during rainy and snow season, there is every likelihood of slipping of cattle in case the path is .
reconstructed/mettled.
4. In my considered view reconstruction/mettling of the path which besides the petitioners shall also be beneficial to public at large cannot be stalled on the flimsy grounds which have been taken by the private respondents. In case some portion of the path is being used by some residents for the purpose of taking their cattle to the fields or cow-sheds, then the same can be taken into consideration at the time of reconstruction/mettling of the path.
Accordingly, this writ petition is disposed of with the direction that respondent-Corporation/ State Authorities shall undertake reconstruction/mettling of the path in issue either themselves or at the expense of the petitioners. Respondents No.3 to 6 are restrained from causing any hindrance in the execution of the said work. In the process of reconstruction/mettling of the path in question, the Authority shall take into consideration the fact as to whether the path is being used for the purposes of taking the cattle by local residents to the fields etc. and if it is so then necessary provision in this regard be made as has been assured by learned ::: Downloaded on - 13/03/2019 21:59:57 :::HCHP counsel for the Corporation. Pending miscellaneous applications, if any, also stand disposed of.
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(Ajay Mohan Goel) Judge 12th March, 2019.
(Guleria)
r to
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