Himachal Pradesh High Court
Surinder Chauhan And Another vs State Of Himachal Pradesh And Others on 25 February, 2025
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.13980 of 2024
Decided on: 25.02.2025
Surinder Chauhan and another ... Petitioners
Versus
State of Himachal Pradesh and others ... Respondents
Coram
Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting?1
____________________________________________________
For the petitioners : Mr. Shrawan Dogra and Mr. B.M
Chauhan, Senior Advocates, with Mr.
Abhishek Thakur, Advocate.
For the respondents : Mr. Pushpinder Jaswal, Additional
Advocate General.
Ajay Mohan Goel, Judge (Oral)
By way of this writ petition, the petitioners have prayed
for the following reliefs:-
a) "That writ of mandamus may be issued against the
respondent No.2, directing to construct the ambulance
road from point A to B as shown in the Annexure P-1
from Kiari to lower Bhuila through Khasra Nos. 134/1,
130, 132, 123, 126, 142, 130, 140, 145, 150, 133 and
175 situated at up-mohal Ganni, Tehsil Kotkhai, District
Shimla, H.P.
b) Direction may be issued to the respondents No.1 to 4
to persuade the respondent No.5 to 8 to surrender their
encroachment over the public path bearing Khasra
Nos. 134/1, 130, 132, 123 situated at up-mohal Ganni,
Tehsil Kotkhai, District Shimla, H.P. for the
construction of ambulance road in the interest of
parties herein, failing which direction be issued to
initiate the encroachment proceedings on day-to-day
basis."
1 Whether reporters of the local papers may be allowed to see the judgment?
2. When the case was listed before the Court on
09.01.2025, the following order was passed:-
"Pursuant to order dated 29.11.2024, learned
Additional Advocate General has placed on record
communication dated 7.1.2025, issued under the
signature of Deputy Commissioner, Shimla, District
Shimla, Himachal Pradesh, perusal whereof reveals
that total length of proposed road is 500 meters and
width of the same is 1 meter. Though in revenue
record, path has been shown to be of 3 meters but
same has been encroached by the local people. Sub
Divisional Officer (Civil) Kotkhai vide letter dated
7.1.2025, addressed to Deputy Commissioner,
Shimla has reported that as per report of Tehsildar,
Kotkhai, spot demarcation of Khasra Nos. 123, 132,
134/1 and 139, kita-04 area measuring 0-06-02
hectare was conducted on 1.1.2025 by the Field
Kanungo and Halqa Patwari and it was found that
Khasra Nos. 123, 132 and 139, kita 03 are in the
ownership of government and have not been
encroached. However, on Khasra No. 134/1, which
is also government land, encroachment has been
found to be made by Sh. Naresh, S/o Mela Ram, R/o
Village Bagain Jubber, P.O. Ghaleya, who has
constructed a house. After having detected
encroachment on the Government land, action
already stands initiated against the encroacher under
Section 163 of H.P. Land Revenue Act 1954.
Though perusal of aforesaid instructions reveals that
save and except, encroachment made by person
namely Naresh, there is no other impediment in
construction of ambulance road, but learned senior
counsel appearing for the petitioner states that
before passing further order, one opportunity may be
granted to the petitioner to verify the factual position
on the spot and persuade the encroacher to remove
the encroachment immediately so that no further
delay is caused in construction of the ambulance
road. Learned counsel for the petitioner prays
for and is granted four weeks' time to have
instructions.
List on 25.2.2025."
3. Today, learned Senior Counsel for the petitioner on
instructions submits that Mr. Naresh S/o Mela Ram, R/o village
Bagain Jubber, P.O. Ghaleya, has been persuaded to remove the
encroachment so that the ambulance road can be constructed and
he has assured that the encroachment shall be removed by him.
Learned Senior Counsel further submits that in the light of the said
development, interest of justice would be served in case this
petition is disposed of with the direction that now let the
construction of ambulance road be completed by the Authorities as
expeditiously as possible.
4. In the light of the said developments this writ petition is
disposed of with the direction that immediately after the removal of
the encroachment by Sh. Naresh let the construction/completion
work of the ambulance road be immediately taken up, expeditiously
and completed within a period of three months thereafter. Pending
miscellaneous application(s), if any also stand disposed of
accordingly.
(Ajay Mohan Goel)
Judge
February 25, 2025
(Vinod)
