Secretary HP Pwd, Govt. Of HP Shimla-2 And Others vs Hira Singh And Others

Ajay Mohan Goel, J

By way of this revision petition filed under Section 115 of the Civil Procedure Code, the petitioners have sought the quashing of order dated 13th December, 2018, passed by the Court of learned Civil Judge (Senior Division), Court No. 1, Rohru, District Shimla, H.P. in Execution Petition No. 10-10 of 2012, in terms whereof, an application filed by the decree holder has been allowed and warrant of attachment has been issued qua the moveable and immoveable property of the judgment debtor.

The execution has been preferred by the decree holder of the judgment and decree passed by the Court of learned Civil Judge, Court No. 2, Rohru, District Shimla, H.P. in Civil Suit No. 21-1 of 2009/08, titled as Hira Singh vs. The Secretary, HPPWD and others, dated 21.01.2012, in terms whereof the suit filed by the Decree Holder was partly decreed with a direction to defendants No. 1 to 3 to acquire the suit land comprised in Khata Khatauni No. 214/499, Khasra Nos. 1036, 1030, 1031 and 1026 (old khasra Nos. 1163, 1173, 1175 and 1183), situated at Chak Bijori, Tehsil Rohru, District Shimla, H.P. and after assessing the compensation, to pay the same to the plaintiff and proforma defendants No. 4 to 13.

During the pendency of the present proceedings, on 02.06.2022, the following order was passed by the Court:-

“Having heard learned counsel for the parties, in the interest of equity, it is directed as agreed that let a demarcation of the suit land in terms of the decree passed be carried out by Tehsildar concerned in the presence of the Court Commissioner. Mr. V.D. Khidtta, learned counsel is requested to act as a Court Commissioner and his fee is fixed as Rs.20,000/, which shall be paid by the State. The report of learned Court Commissioner shall be to the effect as to whether the suit land in terms of the decree which has been passed in favour of the present respondents has actually be utilized for the purpose of construction of the road etc. or part thereof is still in possession of the Decree Holder, as is the contention of the State. The demarcation be carried out by Tehsildar concerned on a date, prior intimation qua whichshould be given to the Decree Holder. The fee bepaid to the learned Court Commissioner at the sp ot. As prayed for, the Decree Holder in person or through authorised representative shall be permitted to join the process of demarcation. Let, the needful be done within a period of six weeks from today. List on 18.07.2022.

In compliance thereto, learned Local Commissioner executed the commission and submitted his report which is on record. A perusal of the report of the learned Local Commissioner demonstrates that the demarcation of the suit land has demonstrated that on the spot, the land compromised in Khasra No. 1173, 1175 and 1183, has not been utilized by the Public Works Department for the construction of the road nor the said land is in the possession and ownership of the PWD. Learned Commissioner has further reported that a part of Khasra No. 1163, i.e. 1163/1, has been utilized by the PWD for construction of the road and the same is in possession and ownership of the PWD. Learned Commissioner has also reported that though the land comprised in Khasra No. 1183 remains in possession and ownership of the decree holder but the situation at the spot as regards the same was such that it cannot be utilized by the decree holders as the land comprised in Khasra No. 1183 is in the form of a narrow strip, having considerable length, with very less width and as the said land runs parallel to and is flanked on both the sides by the land on which the road has been constructed, thus, usage of the said land, in any way, can cause unnecessary obstruction in daily functioning of the road which would not be in public interest.

5 Having perused the report of the learned Local Commissioner and having heard learned Counsel for the decree holder as also learned Additional Advocate General for the petitioner/Judgment debtor, this Court is of the considered view that in the peculiar facts of this case, interest of justice demands that the proceedings be put to a quietus by issuance of a direction that let the landlord be compensated qua the land as stands utilized for the purpose of construction of the road which finds mention in the report of the Local Commissioner if due compensation qua the same has already not been paid to the landlord. In addition, Khasra No. 1183, be also formally acquired by the government and compensation in lieu thereof be also paid to the landlord. Ordered accordingly.

The present petition is therefore disposed of by modifying the order under challenge with the issuance of a direction that now let the compensation be paid by the judgment debtor to the decree holder as per law with regard to land comprised in Khasra Nos. 1163/1 and 1183, if not already paid, within a period of three months from today, failing which, the order passed by learned Executing Court shall stand revived, as if no order has been passed by this Court in the present proceedings.

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