Harbhajan Singh & Ors vs State Of H.P. & Ors

Jyotsna Rewal Dua , J

The petitioners basically instituted this writ petition with the plea that on their lands acquired by the respondents/State for construction of the road, no road was actually constructed. The road was constructed on a piece of land different from the one that was acquired for the purpose. According to the petitioners, they came to know about the above fact, when they applied for approval of their maps, whereafter they obtained copy of the relevant revenue record.

In the aforesaid factual background, the petitioners have prayed for following substantive reliefs:-

“(i) Issue a writ of certiorari quashing the revenue entries contained in Annexure P-1 showing the state of Himachal Pradesh as the owner in possession of the Khasra Numbers as detailed in Annexure P-1.

(ii) Issue a Writ of Mandamus directing the respondent(s) to return the "acquired land" of the petitioners as the same has not been utilized for the purpose for which it was acquired i.e for the construction of Baddi- Barotiwala Road;

(iii) Issue a writ of mandamus directing the respondents to acquire the "un-acquired land" of the petitioners which has been used by the respondents (illegally) to construct the Baddi-Barotiwala Road;

(iv) Issue a writ of mandamus directing the respondent no. 6 to approve the maps for construction of structure(s)/house(s) on the land owned by them as submitted by the petitioners;

(v) That the record(s) pertaining to the case be called for by this Hon'ble Court (including the records that are in the custody of the respondents);

ALTERNATIVE PRAYER:

(i) Issue a writ of mandamus directing the respondents to exchange the "acquired land" of the petitioners (as) detailed in Annexure P-1) with the "un-acquired land" (as detailed in Annexure P-2) including making up for any shortfall in the area of the land if so exchanged;

(ii) Issue a writ of certiorari directing the respondent no. 4 to decide the two pending representations of the petitioners (Annexure P-3 and Annexure P-4) by passing a speaking order (preferably in a time bound manner).”

Respondents No.1, 4, 7, 8 and 9 in their reply filed to the writ petition inter alia stated that the spot inspection was got conducted by them through Field Revenue Agency under intimation to the petitioners and other local inhabitants on 21.04.2021. During the said inspection, it was found that “Baddi Barotiwala road does not go through Khasra No.592/5 and 589 which is owned and possessed by HPPWD. But this road crosses through Khasra No.594/5/1, measuring 1-9 Bighas and Khasra No.590/4/1 measuring 0-9 bighas measuring total 1-18 Bigha co-owned by petitioner Sh. Harbhajan Singh and other petitioners. This shows that to the extent of 0-1 biswa land, the road diverted from the land acquired by HPPWD to the private land of co-owners Sh. Harbhajan Singh and other petitioners. It is further submitted that when these facts came to the knowledge of replying respondents, then respondent No.3 i.e. Superintending Engineer 3rd Circle, HPPWD Solan vide letter No.LB/V-08/2020 dated 30.07.2021 has been requested to take immediate action in this matter, as the main cause of action pertains to their office/department. Copy of letter is annexed as Annexure R/1.”

Today, when the matter was listed, the petitioners in terms of CMP No.7762/2023 have prayed for disposing of the writ petition in light of instructions memo dated 10.06.2022 issued from the office of Executive Engineer HPPWD Division HPPWD Nalagarh addressed to the office of Advocate General. It would be appropriate to extract the relevant portion from the said instructions:-

“In the subject cited matter, kindly refer to your office letter No.21602 dated 21.05.2022 vide which it has been intimated that matter was listed before Hon'ble Court on 17.05.2022, when respondents have been directed to file reply within a period of two weeks and matter is ordered to be listed on 14.06.2022. Needless, to say that petitioner by way of present petition mainly sought the relief to direct the respondents to return his acquired land as the same has not been utilized for the purpose for which it was acquired or direct the respondents to acquire the un-acquired land which has been utilized by deptt. for construction of Baddi- Barotiwala road. The matter was accordingly taken up with govt. and further with revenue deptt. regarding exchange of govt. land comprised in Kh. No. 592/5/2 and Kh. No. 589/4 with the private land of petitioner Sh. Harbhajan Singh comprising in Kh. No. 594/5/1 and Kh. No. 590/4/1. The govt. has conveyed its approval for exchange of above land in relaxation of ban imposed on exchange of govt. land vide letter No. PBW(B)E(3)20/2022 dated 1.06.2022. Accordingly, the process to exchange of above said land is being initiated by the deptt. and needful shall be done at the earliest as per decision conveyed by the govt.

In view of above, you are requested to apprise the Hon'ble Court accordingly and pray for disposal of writ petition in above terms.”

Since in terms of above instructions memo, the Government has conveyed its approval for exchange of land in question by relaxing the ban imposed on exchange of Government land vide letter dated 01.06.2022, the respondents are directed to process the case of the petitioners & conclude it at the earliest, preferably within six weeks from today. The writ petition is disposed of in above terms. All pending miscellaneous applications, if any, also stand disposed of.