High CourtsDivision Bench(2018) 01 SHI CK 0057

Court on its own motion vs State of H.P. and others

High Court Of Himachal Pradesh · Decided on 1 January 2018

HON’BLE JUDGES
Sanjay Karol, Ajay Mohan Goel
CASE NUMBER
266 of 2017

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Judgment

17 paragraphs · 351 words
1.

On the basis of a letter petition, alleging lack of proper access to the cremation ground in Gram Panchayat Balera, this Court, taking suo motu

cognizance, issued notice(s) to the respondents.

2.

From the response so filed by the State, it is apparent that at some point in time, the road was proposed to be constructed up to the cremation

ground, under Vidhayak Kshetra Vikas Nidhi Yojna, but however, since villagers did not cooperate and the codal formalities were not completed

by Gram Panchayat Balera, the proposal had to be abandoned and the funds withdrawn and diverted for other public purposes.

3.

Ms. Lata Devi, Pradhan Gram Panchayat Balera (respondent No. 5), who is present in Court, states that there is no unanimity amongst the

villagers with regard to construction of the road up to the cremation ground. The road is to be constructed not through the Government land, but

though the land of private persons, who are not ready and willing to donate the same.

4.

As such, under these circumstances, we deem it appropriate to close the present proceedings, with liberty to the letter petitioners to pursue the

matter afresh with the District Administration, as also the Panchayat and the elected representative.

5.

We are assured that with the villagers of the area unanimously desiring to have the road constructed, in accordance with law, the Authorities

shall take appropriate action. Liberty also reserved to the letter petitioners to approach the Court, if so required.

6.

In view of the above, we see no reason to keep alive the present petition and as such, the same is closed. Before parting, we wish to place on

record appreciation qua the efforts put in by Ms. Sunita Sharma, learned Amicus Curiae, who, on the instructions of this Court, contacted letter

petitioners and obtained necessary feedback.

7.

Registry is directed to sent a copy of this judgment to the Deputy Commissioner, Solan and the Block Development Officer, Kunihar, District

Solan for necessary action as well as to the letter petitioners to enable them to take follow up action with the concerned authorities.