Ashok Kumar vs Union Of India & & Ors
2022 Latest Caselaw 11816 HP

          IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

                                                  CWP No. 9030 of 2022




                                                                                 .
                                                  Decided on: 30.12.2022





    Ashok Kumar                                                                         ...Petitioner





                                         Versus
    Union of India & & Ors.                                                 ...Respondents

    Coram:
    Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.





    Hon'ble Mr. Justice Virender Singh, Judge.
    Whether approved for reporting? 1

    For the Petitioner :                 Mr. S. D. Vasudeva, Advocate.


    For the Respondents : Mr. Balram Sharma, Dy. SGI, for
                         respondent No. 1.

                                         Mr. Anup Rattan, A.G. with Mr. Vinod
                                         Thakur, Mr. Shiv Pal Manhans, Addl.



                                         A.Gs., Mr. Bhupinder Thakur, Dy. A.G.
                                         and Mr. Rajat Chauhan, Law Officer, for
                                         respondent-State.




                                         Mr. Y. W. Chauhan, Advocate, for
                                         respondent No. 3 to 6.





                                         Mr. K. B. Khajuria, Advocate, for
                                         respondent No. 7.





    Tarlok Singh Chauhan, Judge (Oral)

Notice. Mr. Balram Sharma, learned Deputy Solicitor

General of India, Mr. Bhupinder Thakur, learned Deputy Advocate

General, Mr. Yashwardhan Chauhan and Mr. Kul Bhushan

Whether reporters of the local papers may be allowed to see the judgment? yes

Khajuria, Advocates, appear and waive service of notice on

behalf of the respective respondents.

.

2. The instant petition has been filed for grant of the

following substantive relief:-

"That writ in the nature or mandamus may kindly be issued to restore the allotment of the petitioner immediately or the allotment of the petitioner may

be exchanged with land having irrigation water and all the facilities required for cultivation and human habitation 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 Rs. 5 crores for his non-settlement for the last 46 years as well as the cost of the land at Sriganganagar 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 in the interest of justice.

3. Learned counsel for the petitioner states that the

issue, raised in the instant petition, is squarely covered by the

order passed by Division Bench of this Court rendered in CWP

No. 3525 of 2022, case titled Mohan Singh Pathania Vs. Union of

India and others, decided on 3.6.2022. He further states that the

petitioner would be satisfied if an order is passed on the same

lines, as directed in para No. 6 of the aforesaid order.

4. In such circumstances, we deem it appropriate to

dispose of the petition with a direction to respondent No.3 to

.

issue eligibility certificate in favour of the petitioner, verifying

therein factum with regard to acquisition of land of the father of

the petitioner, Sh. Mangtu Ram, for construction of Pong Dam

and in case, it is certified that the land of petitioner's father was

acquired, the eligibility certificate be issued expeditiously,

preferably within a

eligibility certificate, r if

period of four weeks. After issuance of

any, case

recommended to the High Power Committee recommending of the petitioner be

therein the allotment of land in favour of the petitioner. On

receipt of recommendations, if any, from the State of Himachal

Pradesh, the Committee is directed to consider and decide the

case of the petitioner for allotment of land in the State of

Rajasthan within a period of two months from the date of

recommendation.

5. The petition is disposed of in the aforesaid terms, so

also pending miscellaneous applications, if any.

                                                      (Tarlok Singh Chauhan)
                                                                Judge



                                                             (Virender Singh)
    30th December, 2022                                           Judge
           (sanjeev)