Writ petition seeking restraint from dispossession and damage to land for laying water pipeline. Respondents filed reply stating work completed without damage. Court disposed of petition reserving liberty.
No order needed; liberty reserved for redressal of grievances.
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 8693/2024 Decided on: 13.09.2024
Nag Devta …Petitioner Versus Shimla Jal Prabandhan & Anr. .…Respondents. ……………………………………………………………………………. Coram
The Hon’ble Ms Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1
For the petitioner: Mr. Inderjit Singh Narwal, Advocate.
For the respondents:
Mr. Tejasvi Dogra, Advocate.
Jyotsna Rewal Dua , J
This writ petition has been filed for the grant of
following substantive reliefs:-
“a. That respondents may kindly be directed and restrained from forcibly dispossessing the petitioner from the land of the petitioner in Khewat No. 110/81, Khautni No. 169/139, Khasra No. 401 and 402 at Mohal, Dummi, Patwar Circle Bhonth, Tehsil Shimla Gramin, Distt. Shimla, H.P. in the Jamabandi for the year 2014-2015 and further respondents may be directed to lay down the pipeline on and through the survey already conducted and the acquired land for the said purpose.
b. That the respondents may kindly be directed that not to cause any damange to the land of the petitioner, by issuing a writ of mandamus to the respondents to secure the ends of justice.”
2. The case as set up by the petitioner is that:- The
respondent was in the process of laying down 32 inches water
pipeline at Khasra No.401 & 402 situated at Mohal, Dummi Patwar
1 Whether reporters of the local papers may be allowed to see the judgment? yes
2
Circle Bhonth, Tehsil Shimla Gramin, District Shimla, H.P.; The respondents intended to lay down water pipe-lines over the subject land belonging to the petitioner, causing damage to the land and also to the temple located over it; Intended acts of the respondents would amount to depriving the petitioner from user of the land; The respondents intended to utilize the land of the petitioner without acquiring it; The respondent had no authority to damage the land of the petitioner in the name of public policy or public interest without following due process of law.
3. When the matter was taken up on 24.08.2024, learned counsel for respondent No.1 submitted that the existing structure of the temple over the land in question with which the petitioner was concerned would not be disturbed in any manner while laying down the water pipes. This submission was noted in the order.
4. The respondents have now filed reply to the writ petition. In terms of the reply, the work of laying water pipes has already been completed near Badak Nath Temple; The work has been completed without causing any damage to the aforesaid temple or the land on which it is situated; The pipeline has been laid down under the existing road in front of the temple; Even the road has been restored to its original condition; While laying down the water pipeline, no harm whatsoever has been caused to the temple or its surroundings or the land on which the temple in situated.
3
According to respondent No.1, the land in question is owned by Government of Himachal Pradesh and not the petitioner. Be that as it may.
Learned counsel for the petitioner disputes the factual position brought on record by the respondents. Learned counsel, however, admitted that the work in question now stands completed. 5. In view of the stand taken by the respondents in their reply, no further order is required to be passed in this matter save and except reserving liberty to the petitioner to avail appropriate remedy for redressal of its surviving grievances, if any, in accordance with law.
This writ petition is disposed of in terms of above directions. All pending miscellaneous applications, if any, also stand disposed of.
Jyotsna Rewal Dua Judge
September 13, 2023 (rohit)
1 issue framed by the court
Whether the court should grant relief restraining the respondents from forcibly dispossessing the petitioner from land for laying water pipelines.
Nag Devta
Shimla Jal Prabandhan
Jyotsna Rewal Dua
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
