Dr. Ramandeep Singh & Others vs State Of H.P. & Others

Ajay Mohan Goel, J

By way of this petition, the petitioner has prayed for the following reliefs:-

"(a) That writ in the nature of certiorari may kindly be issued and the notice dated 29.01.2021 (Annexure P-5), may kindly be quashed and set aside.

(b) That writ in the nature of mandamus kindly be issued directing the respondents to demarcate the land and to pay the compensation of further portion of the land/building and pass an award as per law if required to acquire the land/building.

(c) That writ in the nature of mandamus kindly be issued directing the respondents not to demolish the building/ structure till passing an award."

It is not in dispute that in response to Annexure P-5, the petitioners have submitted their stand by way of reply (Annexure P-6).

Learned counsel for the petitioner submits that no action has been taken on the said response filed by the petitioners and the respondents are threatening to demolish the premises of the petitioners.

Learned Senior Counsel appearing for respondents No.2 and 3, on instructions, submitted that said respondents do not intend to demolish even an inch other than the land/premises, which have been duly acquired in accordance with law, for which compensation has already paid to the petitioners and similarly situated persons, but the petitioners in connivance with the contractor, are somehow evading demolition of the acquired structures, which is delaying the project in issue.

Be that as it may, the Court is not going into the legalities of the issues raised in this writ petition, because the Court is of the view that there are the disputed questions of fact which cannot be decided by this Court in exercise of its jurisdiction under Article 226 of the Constitution of India, and for establishing their respective contentions the parties may have plead evidence. However, as prayed for by learned counsel for the petitioners, direction is issued to the authority concerned to pass a final order on the Notice (Annexure P-5) within a period of ten days from today. Till the order is so passed by the competent authority, status-quo, qua the nature of the property be maintained retained. Petition stands disposed of in above terms, so also pending miscellaneous applications, if any.

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