High CourtsDivision Bench(2020) 08 SHI CK 0060

Dinesh Kumar & Others vs Kut Energy (P) Ltd. & Others

High Court Of Himachal Pradesh · Decided on 10 August 2020

HON’BLE JUDGES
L. Narayana Swamy, CJ · Anoop Chitkara, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Petition No. 2770 Of 2020

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Judgment

13 paragraphs · 248 words

L. Narayana Swamy, CJ

1.

Some land has been acquired by the State Government in favour of respondents No. 1 & 2 for the construction of Kut Hydro Electric Project.

2.

Learned Counsel for the petitioners submits that the land in question belongs to the petitioners and the same has not been acquired by the State

Government. However, respondents No. 1 & 2 are illegally interfering in the same by laying down the huge pipelines. Hence, the petitioners have filed

this petition seeking direction to respondents No. 1 & 2 to restrain them from carrying on any kind of activity on the land in question and to

compensate the petitioners for the damage so caused to their land.

3.

Learned Additional Advocate General representing respondents No. 3 to 5 submits that the land in question has not been acquired by the

respondents-State and the dispute between respondents No. 1 & 2 is civil in nature. He prays that the writ petition may be dismissed.

4.

We have heard learned Counsel for the parties and have perused the entire record carefully.

5.

In view of the submissions of the learned Counsel for the parties, the dispute between respondents No. 1 & 2 appears to be civil in nature.

Therefore, we deem it proper to dispose of this petition reserving liberty to the petitioners to approach the Civil Court for the redressal of their

grievances. Ordered accordingly.

6.

Accordingly, the writ petition is disposed of alongwith pending application(s), if any.