Roshan Lal vs J.C.Sharma

Sandeep Sharma, J

By way of present Contempt Petition, prayer has been made on behalf of the petitioner for initiation of contempt proceedings against the respondent for having intentionally and deliberately disobeyed the order/judgment dated 13.7.2017, passed by Division Bench of this Courters, whereby Division Bench of this Court having taken note of the fact that land of the petitioner was utilized for public purpose i.e. construction of road without there being any acquisition proceedings, directed the respondents/State to acquire the land in question in accordance with law. Vide aforesaid judgment, Division Bench of this Court directed the respondents to initiate/complete the acquisition proceedings within statutory period. Since no action, if any, ever came to be taken at the behest of the respondents towards implementation of aforesaid judgment passed by the Division Bench of this Court, petitioner was compelled to approach this Court in the instant proceedings.

Mr. Sudhir Bhatnagar, learned Additional Advocate General while placing on record instructions in terms of order dated 2.7.2020, passed by this Court, contends that after completion of codal formalities, the draft land acquisition papers has been received in the office of Superintending Engineer, 10th Circle HPPWD, Bilaspur, H.P., who further vide letter dated 4.9.2019 has submitted the same to the Engineer­in­ Chief, HPPWD, Shimla for onwards submission to the Government. The Engineer­in­Chief HPPWD, Shimla vide letter dated 28.2.2020 has submitted the acquisition papers to the Government. Aforesaid proposal sent by Engineer­in­Chief was returned back by Principal Secretary (PW) to the Government of Himachal Pradesh vide letter dated 16.5.2020 with certain observations. Instructions dated 18.7.2020 is taken on record.

Mr. Sudhir Bhatnagar, learned Additional Advocate General states that observations having been raised by the Principal Secretary (PW) to the Government of Himachal Pradesh, are being attended and Executive Engineer, HPPWD Division Ghumarwin has approached Deputy Commissioner, Bilaspur to get the House less & Land less certificate countersigned. On the receipt of said certificate, the acquisition papers shall be submitted to the higher office shortly. Learned Additional Advocate General further states that after completion of aforesaid formalities, necessary process for initiation of acquisition proceedings in the case of the petitioner shall be initiated, expeditiously, preferably within a period of two weeks.

Consequently, in view of the aforesaid statement made by learned Additional Advocate General as well as instructions placed on record, this Court sees no reason to keep the present petition alive and as such, same is accordingly disposed of with the direction to the respondents to do the needful positively within a period of two weeks, failing which, petitioner would be at liberty to get the present proceedings revived, so that appropriate action, in accordance with law, is taken against erring officials. Notice issued to the respondents is hereby discharged accordingly.