High CourtsDivision Bench(2017) 05 SHI CK 0152

Brij Lal vs State of Himachal Pradesh and others

High Court Of Himachal Pradesh · Decided on 31 May 2017

HON’BLE JUDGES
Sanjay Karol, Sandeep Sharma
CASE NUMBER
1669 of 2016

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

8 paragraphs · 447 words
1.

In the response filed by respondents No.1 and 3, it is averred as under:-

"5. That in reply to para no.5 of the petition, it is submitted that proceedings for acquisition of the above said land is in progress and after completion of same in accordance with law the compensation amount will be awarded and paid to the petitioner and other land owner and allegation leveled against the replying respondent are contrary to the facts as maintained above. The rest of the para is wrong hence denied."

2.

Also, in response filed by respondents No.4 to 6, it is averred as under:-

"5. That in reply to contents of para 5 of the writ petition it is submitted that after the issuance of letter Annexure P-10, an Administrative approval was sanctioned for acquiring the land of the petitioner etc. by BBMB Chandigarh office vide letter bearing number 26375- 78/B-1692/58 dated 20/09/2012, True copy of letter attached herewith as Annexure R-A. It is further submitted that from time to time reminders from the competent office(s) of the replying respondent Board had been issued to the office of respondent no.3, which fact has also been admitted by the petitioner in the writ petition. That it is further submitted that later on the petitioner was advised to submit all relevant papers afresh complete in all respects to the office of respondent No.3 and after furnishing of entire records by the petitioner to the office of respondent no.3; afresh draft notification under section-4 of Land Acquisition Act, 1894 for acquisition of land comprised in Khasra number 316/1, 319/1, 321/1, Kitas 3 measuring about 1- 0-2 Bighas, situated in Mohal- Kalouhad/27, Tehsil-Sundernagar, District Mandi (H.P.) stands issued vide letter bearing number LAOcum- SDM/SNR/OK/2014 dated 08/09/2014 and the same stands further sent to the office of Principal Secretary (Power) to the Government of Himachal Pradesh, Shimla; for its approval etc. and till date the said draft notification is pending for approval with the office of Principal Secretary (Power) to the Government of Himachal Pradesh, Shimla and any further action for the acquisition of land in the matter has to be taken only after approval etc. of said notification, from the office of Principal Secretary (Power) to the Government of Himachal Pradesh, Shimla and the replying respondents are not at all fault, if any, in this behalf."

3.

In view of the aforesaid, we dispose of the present petition with the following directions:-

(i) The respondents shall complete the process of acquisition and take it to its logical end, in accordance with law.

(ii) No extension shall be granted to the respondents by this Court.

Pending application(s), if any, also stand disposed of.