Writ petition for enhanced rehabilitation grant and employment directed respondent to consider the petitioner's case in light of a prior decision and pass orders within four weeks.
Direction given to respondent to consider petitioner's case and pass appropriate orders within four weeks.
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.8622 of 2023 Date of decision: 23.09.2024
Lata Devi. ...Petitioner. Versus State of H.P. & Ors. ...Respondents. Coram:
Ms. Justice Jyotsna Rewal Dua, Judge . Whether approved for reporting?
For the petitioner : Mr. Virender Thakur, Advocate. For the respondents : Mr. L.N. Sharma, Additional Advocate General, for respondents No.1 to 3-State. : Mr. Anil Kumar God, Advocate, for respondent No.4.
Jyotsna Rewal Dua, Judge
This writ petition has been filed for grant of following substantive reliefs:-
“(i). That respondents may very kindly be directed to release enhanced rehabitation grant in favour of the petitioner on the basis of Brij Lal's case, supra, to which he is entitled on the basis of the scheme, immediately without any further delay, alongwith interest at the market rate from the date his land has been acquired till the actual date of payment;
(ii). That the respondents may very kindly be directed to implement the Rehabilitation and Resettlement Scheme in its totality as the scheme was framed specifically for the benefit of oustees as well as affected families, who have, in fact, lost their valuable agricultural lands) and houses, for
Whether reporters of Local Papers may be allowed to see the judgment? Yes
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establishment of cement plant and mining activities/safety zone by respondent No.4;
(iii). That respondent No.4 may very kindly be directed to provide suitable employment to each affected family including the family of the petitioner under the scheme immediately so that the poor rustic people may not be further exploited as they have already lost their valuable land and houses as acquired by respondent No.4 and are at the verge of starvation;”
1CWP No.4247 of 2012, decided on 17.09.2019
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examining the merits of the matter, this petition is disposed of by directing respondent No.2/Competent Authority to consider the case of the petitioner in light of the aforesaid judgment and pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of copy of this order. The decision so arrived at, shall also be communicated to the petitioner.
All pending miscellaneous application(s), if any, to also stand disposed of.
Jyotsna Rewal Dua 23th September, 2024 Judge (Pardeep)
1 issue framed by the court
Whether the petitioner is entitled to enhanced rehabilitation grant and employment under the R&R scheme in light of Brij Lal's case?
Colour shows how this judgement treated each authority
Brij Lal vs. State of Himachal Pradesh & Ors.Referred¶14
Brij Lal vs. State of Himachal Pradesh & Ors. CWP No.4247 of 2012, decided on 17.09.2019
Lata Devi
State of H.P.
Respondent No. 4
Jyotsna Rewal Dua
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
