High CourtsDivision Bench(2012) 03 SHI CK 0163

Gram Panchyat Nirman Sudhar Sangarsh Simiti Yol vs Union of India and The State of Himachal Pradesh

High Court Of Himachal Pradesh · Decided on 6 March 2012

HON’BLE JUDGES
Kurian Joseph, J · Dharam Chand Chaudhary, J
CASE NUMBER
CWP No. 1322 of 2008-E

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Judgment

4 paragraphs · 308 words

Justice Kurian Joseph, C.J.—The petition is filed with the following prayer:- a) That a writ of mandamus may kindly be issued to the respondent No. 1 and 2 to decide the case of the petitioner regarding excising the civilian land of the Cantonment Board Limits Khas Yol and to release the control over the area which is already excised by the Board and to desist from interfering in the area already excised outside the boundary wall of the Cantonment Board.

In the reply filed by respondents No. 1 and 2, in para 3, it is stated as follows:-

3.

That the content of this para are wrong, incorrect and hence denied. In reply, it is submitted that the Cantonment Board has not erected any boundary wall. However, it is an Indian Army who has just bounded the Defence land by bricks wall which was earlier fenced by pillars and barbed wire for security reasons. Apart from the defence land, the civil area as well as HP Government land also falls within the limits of Cantonment Board. The Civil land under the Cantonment Board has been retained for security reasons. The land within 1 K.M. from the Station Headquarters has been retained for quartering the forces and for providing necessary services to the forces quartered at Khas Yol Cantt.

2.

In view of the stand taken by respondents No. 1 and 2 in the reply, it is for the petitioner to approach the 4th respondent. In the event of the petitioner approaching the 4th respondent within two months from today along with copy of this judgment and a copy of the writ petition, the 4th respondent will look into the grievance of the petitioner and take appropriate action, in accordance with law, within another six months. The writ petition is disposed of, so also the pending applications, if any.