Kanwar Abhay Bhadur Singh through his GPA and Sh. Sangram Singh vs Union of India and Others

V.K. Ahuja, J.—The petitioner has filed the present writ petition under Article 226 of the Constitution of India, claiming the following relief:-

(i) Issue writ in the nature of mandamus directing the respondent to pay the compensation after acquiring the land of the petitioner in accordance with law alongwith interest.

In reply filed by respondents No. 2 to 5, they have pleaded that the road has been constructed by the respondent department during the year 1987-88 and w.e.f. 1.4.2004 it is exclusively manned under National Highway Division, Solan. The suit land is abutting to RD 2/980 of Shimla Bye Pass which starts from RD 145/0. It was further pleaded that the stretch of this road has been constructed by the respondent department during the year 1987- 88 when prior acquisition of land was made by the respondent department. The department acquired the land, took possession and thereafter, had constructed the public road.

The claim made by the petitioner in the petition is that the respondent department has encroached upon his land by constructing a retaining wall to the extent of 82.78 Sq. Mtrs., which has been denied by the respondents. In support of his submission, the petitioner has relied upon the demarcation report allegedly made by the Patwari, but the respondents have pleaded clearly that no report of the demarcation issued by the Tehsildar, who is competent to demarcate the land has been placed on record by the petitioner.

In the facts and circumstances of the case, it cannot be said that the respondents have encroached upon the land of the petitioner and in case, that is so, he is at liberty to take appropriate report from the competent officer and then file a civil suit, since disputed questions of facts are involved, which are required to be proved by the petitioner. Insofar as the relief claimed by the petitioner is concerned that the respondent department be directed to acquire his land, no relief can be granted of this nature and in case, the department has encroached upon his land, he is at liberty to take appropriate remedy as permissible under law. No relief can be granted to the petitioner keeping in view the facts and circumstances of the case. In view of the above discussion, I accordingly hold that there is no merit in the petition filed by the petitioner, which is dismissed, so also the pending miscellaneous application(s), if any.