Date Of Decision: 16Th March vs Union Of India & Ors
2021 Latest Caselaw 2110 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

.

CWP No.6253 of 2020.

                                               Date of Decision: 16th March, 2021
           Ram Lal                                                    .....Petitioner





                                             Versus

           Union of India & ors.                                          ......Respondents.
           Coram

The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge. The Hon'ble Mr. Justice Chander Bhusan Barowalia, Judge.

Whether approved for reporting?1 No.

For the petitioner: Mr. Malkeeyat Singh, Advocate.

For the respondents: Mr. Balram Sharma, ASGI, for respondent No.1.

Mr. R.S. Dogra, Sr. Addl. AG with Mr. Ranjan Sharma, Addl. AG, for respondents No.2 & 3. Mr. Yashwardhan Chauhan, Advocate, for respondents No.4 to 7.

Tarlok Singh Chauhan, Judge (oral).

It is not in dispute that after the judgment rendered by

the Apex Court in Pradesh Pong Bandh Visthapit Samiti, Rajasthan &

Another versus Union of India & Others, (1996) 9 Supreme Court

Cases 749, a high power committee has been constituted to look into

the grievance of the petitioner and similar situate persons. This

committee is still functional.

2. Accordingly, the petitioner is permitted to make

representation before the high power committee. The committee shall

look into the grievance of the petitioner and similar situate persons

within a period of six months after receipt of the representation(s). The

Whether reporters of Local Papers may be allowed to see the judgment?

committee shall also be guided by the judgment rendered by this Court

.

in CWP No.492 of 2007, titled as "Ashwani Kumar V. Union of India",

decided on 29.3.2011, against which an SLP was preferred which was

dismissed by the Hon'ble Supreme Court on 2.1.2013. It is made clear

that the limitation/delay shall not come in the way of the petitioner. It

is also made clear that the high power committee shall decide the

cases individually and pass speaking/detailed order(s), strictly as per

the averments made in the representation(s). It is further clarified that

if the land is available in Sriganganagar (reserved area), this aspect

shall also be taken into consideration.

3. With these observations, the present petition is disposed

of, so also the pending application(s), if any. No costs.

(Tarlok Singh Chauhan) Judge

(Chander Bhusan Barowalia) th 16 March, 2021. Judge

(raman)