Ganga Ram vs State Of H.P And Others

Tarlok Singh Chauhan, J

Notice. Ms. Priyanka Chauhan, learned Deputy Advocate General appears and waives service of notice on behalf of the respondents.

The instant petition has been filed for the grant of following reliefs:-

a). That the respondent Department may kindly be directed to acquire the land of the petitioner denoted by Khasra Nos. 476/138 of Mohal Bragta, Khasra No. 20, Khasra No. 33 and 1048/465 of Mohal Bali Batadi, Tehil Nihri, District Mandi H.P. along with Gharat and standing trees after conducting the demarcation of the land of the petitioner and to pay compensation to the petitioner in terms of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013.

b). That the respondent -Department be directed to erect the breast /retaining walls on the land of the petitioner for the safety of his house and above mentioned land in order to avoid any mishap.

Learned counsel for the petitioner states that he may be permitted to withdraw this petition with liberty to approach the competent Forum for redressal of his grievances qua prayer No.1.

As regards prayer No.2, learned counsel for the petitioner states that the respondent Department may be directed to erect the breast/retaining wall on the land of the petitioner so as to safeguard his land and orchard standing thereupon.

Going by the photographs appended with the petition, we feel that the prayer made by the petitioner, in the given facts and circumstances, is not only appropriate, but legitimate. Therefore, we direct respondent No.2 to erect the breast/retaining wall on those areas of land of the petitioner, which may prone to landslide on account of onset of the monsoon.

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