Nitin Chauhan vs State of H.P. and Ors.

By way of instant petition filed under Article 226 of the Constitution of India, petitioner has prayed for following main reliefs:-

(i)That the respondents may very kindly be directed to restrain from interfering and raising any kind of construction over the land comprised in

khasra No. 96, 97, 99 and 102, situated in Mouza/Mohal Andheri, Tehsil Nahan, District Sirmaour, H.P.

(ii)That in alternative, the respondents may kindly be directed to follow a due process of law for acquiring the land and pay compensation in

accordance with law prior to raising any type of construction over the land as mentioned in para (i).

Ms. Seema K. Guleria, Advocate, representing the petitioner, states that respondents No.2 and 5 are illegally and forcibly dispossessing the

petitioner from his own land without resorting to the procedure as laid down under the Land Acquisition Act (in short the Act). She further states

that as per original DPR prepared by respondent Nos. 2 and 5, road was to be constructed through khasra No. 138/89/17 and 138/89/15 owned

and possessed by respondents No. 7 to 15, along with the petitioner but now solely with a view to benefit respondents No.7 and 15, respondents

are hell-bent in constructing the road through khasra Nos. 96, 97, 99 and 102, situate at Mouza/Mohal Andheri, Tehsil Nahan, District Sirmaour,

H.P., that too without resorting to the provisions /procedure as contained under the Act.

Mr. Rajinder Thakur, Advocate, representing respondents No. 2 and 5, under instructions from Mr. Daya Ram, Senior Assistant HPSEB,

states that no road shall be constructed through land in question, without having obtained demarcation from the revenue department. Learned

counsel further states that land as described herein above, if required for construction of road, shall be acquired in accordance with law and

thereafter, same shall be used for construction of road.

Consequently, in view of the aforesaid statement having been made by the learned counsel for respondents No. 2 and 5, learned counsel for the

petitioner seeks permission to withdraw the present petition at this stage, with liberty to file afresh, if need so arises subsequently on the same cause

of action. Accordingly, the petition is disposed of with a direction that no road shall be constructed by respondents No. 2 and 5 through land

comprised in khasra Nos. 96, 97, 99 and 102, situate in Mouza/Moha Andheri, Tehsil Nahan, District Sirmaour, H.P., without having acquired the

same under the Act, if not already acquired. Needles to say, if land in question is required for construction of road, necessary steps in that regard,

shall be taken by respondents No. 2 and 5 in accordance the law and till then, no road shall be constructed through the land owned and possessed

by the petitioner. Pending applications, if any, also stand disposed of.