Mouza Nagrota vs Union Of India"
2022 Latest Caselaw 4056 HP

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

ON THE 2nd DAY OF JUNE, 2022

.

BEFORE

HON'BLE MRS. JUSTICE SABINA ACTING CHIEF JUSTICE

& HON'BLE MR. JUSTICE SATYEN VAIDYA

CIVIL WRIT PETITION No. 107 of 2022 A/W CONNECTED MATTERS

CIVIL WRIT PETITION No. 107 of 2022

Between:

SARVJEET SINGH,

S/O LATE SH. PARKASH CHAND, VPO NAGROTA SURIAN, SUB-TEHSIL SURIAN, DISTRICT KANGRA,

H.P., OLD ADDRESS TIKKA RODI

MOUZA NAGROTA, TEHSIL DEHRA, DISTRICT KANGRA, H.P.

...PETITIONER (BY MR. S.D. VASUDEVA, ADVOCATE)

AND

1. UNION OF INDIA THROUGH ITS SECRETARY, MINISTRY OF WATER RESOURCES, GOVERNMENT OF INDIA,

SHARMSHAKTI BHAWAN, RAFI MARG, NEW DELHI.

2. STATE OF HIMACHAL PRADESH

.

THROUGH ITS PRINCIPAL SECRETARY

(REVENUE) TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA - 2.

3. THE DEPUTY COMMISSIONER, RELIEF & REHABILITATION (R&R), RAJA-KA-TALAB, TEHSIL NURPUR, DISTRICT KANGRA, H.P.

4. THE SECRETARY,

DEPARTMENT OF REVENUE, GOVERNMENT OF RAJASTHAN, JAIPUR.

5. ADDITIONAL COLONIZATION COMMISSIONER, GOVERNMENT OF RAJASTHAN, BIKANER.

6. THE DISTRICT COLLECTOR, DISTRICT SRIGANGANAGAR, RAJASTHAN.

7. CHAIRMAN BBMB 19-B, MADHYA MARG

HLDC COMPLEX INDUSTRIAL AREA, PHASE-I CHANDIGARH-16002.

...RESPONDENTS (MR. BALRAM SHARMA, ASSISTANT SOLICITOR GENERAL OF INDIA, FOR R-1,

MR. ASHWANI K. SHARMA, ADDITIONAL ADVOCATE GENERAL, FOR R-2 & 3,

MR. YASHWARDHAN CHAUHAN, ADVOCATE, FOR R-4 TO 6,

MR. KULBHUSHAN KHAJURIA, ADVOCATE, FOR R-7)

.

CIVIL WRIT PETITION No. 108 of 2022

Between:

RAHUL SINGH, S/O SH. KARTAR SINGH ALIAS KARTAR CHAND, S/O LATE SH. MOTI RAM,

HARMILAPNAGAR, BALTANA, TEHSIL DEHRA BASSI, DISTRICT MOHALI, PUNJAB,

C/O SMT. SUMNA DEVI,

R/O VILLAGE AND POST OFFICE PONSAI, TEHSIL NADAUN, DISTRICT HAMIRPUR, HIMACHAL PRADESH.

...PETITIONER (BY MR. S.D. VASUDEVA,

ADVOCATE)

AND

1. UNION OF INDIA

THROUGH ITS SECRETARY, MINISTRY OF WATER RESOURCES, GOVERNMENT OF INDIA, SHARMSHAKTI BHAWAN, RAFI MARG, NEW DELHI.

2. STATE OF HIMACHAL PRADESH THROUGH ITS PRINCIPAL SECRETARY (REVENUE) TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA - 2.

3. THE DEPUTY COMMISSIONER, RELIEF & REHABILITATION (R&R), RAJA-KA-TALAB, TEHSIL NURPUR,

.

DISTRICT KANGRA, H.P.

4. THE SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT OF RAJASTHAN,

JAIPUR.

5. ADDITIONAL COLONIZATION COMMISSIONER, GOVERNMENT OF RAJASTHAN, BIKANER.

6.

THE DISTRICT COLLECTOR, DISTRICT SRIGANGANAGAR, RAJASTHAN.

7. CHAIRMAN BBMB 19-B, MADHYA MARG HLDC COMPLEX INDUSTRIAL AREA, PHASE-I CHANDIGARH-16002.

...RESPONDENTS (MR. BALRAM SHARMA,

ASSISTANT SOLICITOR GENERAL OF INDIA, FOR R-1,

MR. ASHWANI K. SHARMA, ADDITIONAL ADVOCATE GENERAL,

FOR R-2 & 3,

MR. YASHWARDHAN CHAUHAN, ADVOCATE, FOR R-4 TO 6,

MR. KULBHUSHAN KHAJURIA, ADVOCATE, FOR R-7)

CIVIL WRIT PETITION No. 109 of 2022

Between:

ASHOK KUMAR,

S/O LATE SH. DEV RAJ, S/O FANGAN RAM, R/O VILLAGE DUMAL, POST OFFICE PANJARA,

.

TEHSIL NURPUR,

DISTRICT KANGRA, H.P., OLD ADDRESS TIKKA HAWANI,

MAUZA SOTHAL, TEHSIL DEHRA, DISTRICT KANGRA, H.P.

...PETITIONER

(BY MR. S.D. VASUDEVA, ADVOCATE)

AND

1. UNION OF INDIA THROUGH ITS SECRETARY, MINISTRY OF WATER RESOURCES,

GOVERNMENT OF INDIA, SHARMSHAKTI BHAWAN, RAFI MARG, NEW DELHI.

2. STATE OF HIMACHAL PRADESH THROUGH ITS PRINCIPAL SECRETARY

(REVENUE) TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA - 2.

3. THE DEPUTY COMMISSIONER, RELIEF & REHABILITATION (R&R), RAJA-KA-TALAB, TEHSIL NURPUR, DISTRICT KANGRA, H.P.

4. THE SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT OF RAJASTHAN, JAIPUR.

5. ADDITIONAL COLONIZATION

COMMISSIONER, GOVERNMENT OF RAJASTHAN, BIKANER.

6. THE DISTRICT COLLECTOR,

.

DISTRICT SRIGANGANAGAR,

RAJASTHAN.

7. CHAIRMAN BBMB 19-B, MADHYA MARG

HLDC COMPLEX INDUSTRIAL AREA, PHASE-I CHANDIGARH-16002.

...RESPONDENTS

(MR. BALRAM SHARMA, ASSISTANT SOLICITOR GENERAL OF INDIA, FOR R-1,

MR. ASHWANI K. SHARMA,

ADDITIONAL ADVOCATE GENERAL, FOR R-2 & 3,

MR. YASHWARDHAN CHAUHAN,

ADVOCATE, FOR R-4 TO 6,

MR. KULBHUSHAN KHAJURIA, ADVOCATE, FOR R-7)

CIVIL WRIT PETITION No. 110 of 2022

Between:

VIJAY KUMAR, S/O SH. TULSU ALIAS TULSI RAM, S/O MAKHAN, R/O VILLAGE JAJHWAN, POST OFFICE RAJA-KA-TALAB, TEHSIL FATEHPUR, DISTRICT KANGRA, H.P.

...PETITIONER (BY MR. S.D. VASUDEVA, ADVOCATE)

AND

1. UNION OF INDIA THROUGH ITS SECRETARY,

.

MINISTRY OF WATER

RESOURCES, GOVERNMENT OF INDIA, SHARMSHAKTI BHAWAN,

RAFI MARG, NEW DELHI.

2. STATE OF HIMACHAL PRADESH THROUGH ITS PRINCIPAL SECRETARY (REVENUE) TO THE GOVERNMENT

OF HIMACHAL PRADESH, SHIMLA - 2.

3. THE DEPUTY COMMISSIONER, RELIEF & REHABILITATION

(R&R), RAJA-KA-TALAB,

TEHSIL NURPUR, DISTRICT KANGRA, H.P.

4. THE SECRETARY,

DEPARTMENT OF REVENUE, GOVERNMENT OF RAJASTHAN, JAIPUR.

5. ADDITIONAL COLONIZATION COMMISSIONER, GOVERNMENT

OF RAJASTHAN, BIKANER.

6. THE DISTRICT COLLECTOR,

DISTRICT SRIGANGANAGAR, RAJASTHAN.

7. CHAIRMAN BBMB 19-B, MADHYA MARG HLDC COMPLEX INDUSTRIAL AREA, PHASE-I CHANDIGARH-16002.

...RESPONDENTS (MR. BALRAM SHARMA, ASSISTANT SOLICITOR GENERAL OF INDIA, FOR R-1,

MR. ASHWANI K. SHARMA, ADDITIONAL ADVOCATE GENERAL, FOR R-2 & 3,

.

MR. YASHWARDHAN CHAUHAN,

ADVOCATE, FOR R-4 TO 6,

MR. KULBHUSHAN KHAJURIA, ADVOCATE, FOR R-7)

These Civil Writ Petitions coming on for admission this

day, Hon'ble Mrs. Justice Sabina, passed the following:

ORDER

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 petitioners and

similarly situated persons. This committee is still functional.

2. Accordingly, the petitioners are permitted to make

representation before the high power committee. The committee

shall look into the grievance of the petitioners and similarly

situated persons within a period of six months after receipt of the

representation(s). The 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.

.

3. It is made clear that the limitation/delay shall not come

in the way of the petitioners.

4. 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).

5. to It is further clarified that if the land is available in

Sriganganagar (reserved area), this aspect shall also be taken into

consideration.

6. With these observations, the present petitions are

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

( Sabina ) Acting Chief Justice

( Satyen Vaidya ) Judge June 02, 2022 ( rajni )