This Court, on a suo motu letter petition regarding unauthorized construction on public land, noted the State's compliance and compliance affidavit filed before a related CWP and closed the proceedings.
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWPIL No.75 of 2017 Date of decision: 04.10.2017
Court on its own motion ..Petitioner
Versus
State of H.P. & others . Respondents
Coram:
The Hon’ble Mr. Justice Sanjay Karol, Acting Chief Justice The Hon’ble Mr. Justice Sandeep Sharma, Judge
Whether approved for reporting?
For the petitioner: Mr.Yogesh Chandel, Advocate as Amicus Curiae.
For the respondents: Mr.Shrawan Dogra, Advocate General, with Mr.M.A. Khan, Mr.Romesh Verma, Additional Advocate Generals and Mr.J.K. Verma, Deputy Advocate General.
Sanjay Karol, Acting Chief Justice (oral)
On a letter petition, this Court took suo motu cognizance and issued notice to the State.
“That in compliance to the orders of the Hon’ble High Court, H.P. passed in CWP No.2005/2016, unauthorized construction/ encroachment except retaining wall, toilets and septic tank have been
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removed and a separate affidavit of compliance by the respondent(s) have also been filed before the Hon’ble Court through the Advocate General, H.P. It is submitted here that the remaining part of encroachment shall be removed after the monsoon season within three months from the present date. The same could not be removed keeping in view the nature of strata of land and also to avoid any kind of damage to other properties on account of landslides during the monsoon season.
That the contents of the petition of CWPIL are admitted to the extent that Sh. Tulsi Ram S/O Sh. Nuratu Ram, R/O Village Sui had encroached upon the Govt. Land situated in Khasra No.155/1 by constructing a house, toilets, septic tank & retaining wall and has own land in the same village adjoining to this Govt. land.”
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others within a period of two months from today. As such, we close the present proceedings.
Valuable assistance rendered by Mr.Yogesh Chandel, learned Amicus Curiae, in assisting the Court is highly appreciable.
( Sanjay Karol ) Acting Chief Justice
October 4, 2017 (vt)
( Sandeep Sharma ) Judge
1 issue framed by the court
whether the encroachment over public construction has been removed
Ram Chandera Shastri
State of H.P.
Sanjay Karol
Sandeep Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
