Himachal Pradesh High Court
Satish Kumar vs Union Of India & Ors on 16 December, 2022
Bench: Amjad Ahtesham Sayed, Jyotsna Rewal Dua
THE HIGH COURT OF HIMACHAL PRADESH
AT SHIMLA
CWP No. 8677/2022
.
Decided on: 16.12.2022
Satish Kumar ....Petitioner
Versus
Union of India & Ors. ....Respondents.
..........................................................................................
Coram
The Hon'ble Mr. Justice A.A. Sayed, Chief Justice.
The Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?1
______________________________________________________
For the petitioner : Mr. Sanjay Dutt Vasudeva, Advocate.
For the respondents: Mr. Balram Sharma, Dy. Solicitor General of
India, for respondent No.1.
Mr. Adarsh Sharma, Additional Advocate
General for respondent Nos.2 and 3.
Mr. Yashwardhan Chauhan, Advocate, for
respondent Nos. 4 to 6.
Mr. Kulbhushan Khajuria, Advocate, for
respondent No.7.
A. A. Sayed, Chief Justice (Oral)
The petitioner has filed this petition seeking the
following substantive reliefs:-
"i) That the respondents may kindly be directed to issue the
eligibility certificate in favour of the family of the petitioner since
the petitioner had deposited his entire documents in the year 2017
in the office of respondent No. 3.
Whether reporters of the local papers may be allowed to see the judgment?
ii) That writ in the nature or mandamus may kindly be issued and
the State of Rajasthan may please be directed to allot land in
District Sri Ganga Nagar i.e. Tehsil Anupgarh, Tehsil Gharana or
.
Tehsil Sri Vijay Nagar or in Jetsar Farm or allot fully commendable
Murabba to the petitioner in Phase-I of District Sri Ganga Nagar or
out of 1188 cases of encroachments, failing which the respondent
State of Rajasthan and respondent State of Rajasthan and
respondent No. 7 i.e. Chairman BBMB 19-B, Madhya Marg HLDC
Complex Industrial Area, Phase-I CHD 16002 may be directed to
give the financial compensation to the petitioner to the tune of 5
crores for his non-settlement for the last 46 years as well as the
cost of the land at Sri Ganga Nagar on which he was originally
supposed to be settled as directed by the high power committees
in its meeting held on 6-7th October 2017."
2. The learned counsel for the petitioner submits that the
case of the petitioner would be covered by several orders of this
Court, including the order dated 28.09.2022, passed in CWP No.
6847 of 2022 (Kuldeep Chand vs. Union of India and others).
Copy of the said order is placed on record. Following the said order,
we pass an order in the same terms:
ORDER
(i) The petitioner in the first instance shall apply, within
three weeks from today, to respondent No.3-Deputy Commissioner,
Relief and Rehabilitation (R and R), Raja-ka-Talab, Tehsil Nurpur,
District Kangra, H.P., for issuance of eligibility certificate.
(ii) On receipt of the said application, respondent No.3
shall decide the application for issuance of eligibility certificate
.
within six weeks.
(iii) In the event eligibility certificate is granted to the
petitioner, the petitioner may file a representation within four weeks
from the date of issuance of eligibility certificate before the High
Powered Committee and the High Powered Committee shall decide
the same within three months from the date of the receipt of the
representation.
3. With the aforesaid directions, the petition is disposed of
alongwith pending applications, if any.
(A. A. Sayed)
Chief Justice
( Jyotsna Rewal Dua )
Judge
16th December, 2022(rohit)
