Disposed

Court on its own Motion v. State of Hp

Himachal Pradesh HC21 Jul 2017CWPIL/52/2017

Case brief

AI extract

What is this about?

The Court disposed of a Public Interest Litigation regarding unauthorized encroachment on Government land. Noting that proceedings were already initiated against the encroacher, the Court directed the State to conclude these proceedings expeditiously within six months.

What did the court decide?

Directions to conclude proceedings against encroacher within six months and file compliance affidavit within two weeks.

Court on its own Motion Vs State of Hp — Property and Title | Himachal Pradesh HC (2017)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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CW PIL No.: 52 of 2017 Date of Decision: 21.07.2017 ______________________________________________________________________ Court on its own motion …..Petitioner. Vs. State of H.P. and others …..Respondents.

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Coram:

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The Hon’ble Mr. Justice Sanjay Karol, Acting Chief Justice The Hon’ble Mr. Justice Sandeep Sharma, Judge

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Whether approved for reporting?¹

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For the petitioner: Mr. Avinash Jaryal, Advocate, as Amicus Curiae. For the respondents: Mr. Shrawan Dogra, Advocate General, with Mr. Anup Rattan & Romesh Verma Additional Advocate Generals.

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Sanjay Karol, ACJ (Oral):

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A letter addressing unauthorized encroachment over Government land was treated as Public Interest Litigation. Respondents have now initiated action against the said encroacher, namely, Sh. Jetinder Kumar, S/o Puran Chand with the initiation of proceedings under Section 163 of the Himachal Pradesh Land Ravenue Act. Para-3 of the response filed by the State reads as under:

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“3. That the Naib-Tehsildar Junga vide his office letter No.-290 dated 11 July, 2017 (Annexure R-1) has reported that the matter was got enquired through the revenue field agency and land bearing khasra No. 641/1 area measuring 0- 03-36 at Mauza Satlai, Sub-Tehsil Junga was

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Whether the reporters of the local papers may be allowed to see the Judgment?

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found encroach by Sh. Jetinder Kumar, S/o Puran Chand. Further he has reported that the proceedings u/s 163 of the H.P. Land Revenue Act has been initiated against him and now the case has been fixed for 28-7-2017 for hearing. The report of revenue field agency, copy of Jamabandi and Tatima of the encroached land is annexed as Annexure-R/2.”

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2. While appreciating the assistance rendered by Mr. Avinash Jaryal, as an Amicus Curiae, we dispose of the present petition, in view of the averments made by the State in the response so filed with the following directions:

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(a) Such proceedings shall be taken to its logical end, in accordance with law, expeditiously and certainly within a period of six months from today; and

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(b) Affidavit of compliance shall be filed by the Deputy Commissioner, Shimla within a period of two weeks from the date of conclusion of such proceedings.

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(Sanjay Karol) Acting Chief Justice

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(Sandeep Sharma) Judge

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(bhupender)

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July 21 , 2017

Court on its own Motion v. State of Hp

Case brief

What is this about?

What did the court decide?

Court on its own Motion v. State of Hp

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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Coram

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