PURAN CHAND Vs. STATE OF H.P.
LAWS(HPH)-1997-12-9
HIGH COURT OF HIMACHAL PRADESH
Decided on December 03,1997

PURAN CHAND Appellant
VERSUS
STATE OF H.P. Respondents




JUDGEMENT

KAMLESH SHARMA, J. - (1.)These writ petitions (C.W.Ps. No. 263 and 292 of 1997) are being disposed of by a common judgment, as the same notifications under section 4 as well as under sections 6 and 7 of the Land Acquisition Act (hereinafter called as the Act) are under challenge in both these writ petitions and common questions of law and fact are involved therein.
(2.)The petitioners in both these writ petitions are co -sharers of one half share (36 shares out of 72 shares, of a parcel of land comprised in Khasra Nos. 427, 428, 429, 430 and 431 situate in village Paddar Jandragal, Tehsil Dharamshala District Kangra (hereinafter called the land under acquisition). They are aggrieved by the notification under section 4 of the Act issued on J9 -%!997 as well as notification under section 6 and 7 of the Act issued on 30 -6 -1997 whereby the respondents have decided to acquire the land under acquisition for the public purpose of extension of Chamunda Nandikeshwar Temples premises and for providing various amenities to the pilgrims on the ground that no inquiry under section 5 -A of the Act was conducted and also that land adjacent to the land under acquisition is available for the public purpose, but it has not been acquired and land under acquisition belonging to the petitioners is being acquired mala fide and for extraneous reasons According to the petitioners, land comprised in Khasra Nos. 496, 459, 478 and 425 owned by the respondents could have been acquired instead of land under acquisition. They have also pointed out that the land comprised in Khasra No. 420, 421, 422, 423, 485 and 495 adjacent to the Temple is a good alternative site for the public purpose for which the land under acquisition is being acquired.
(3.)The respondents in their reply, filed on the affidavit of Shri S.K.B.S. Negi, Deputy Commissioner. Kangra at Dharamshala, nave stated the petitioners were afforded full opportunity to submit their cams in writing on or before 19 -4 -1997, as required under section 5 -A of the Act and they have filed written objections. It is further stated that in the revenue record the land under acquisition is described as Bagicha Kuhli Faldar but on the spot the petitioners have constructed temporary Khokhas and rented them out to the tenants. As per the stand of the respondents the land under acquisition is in the vicinity of Chamunda Temple and is suitable for extension of the temple complex being situated between the path leading to the Temple and Khad Baner. It is admitted She and Comprised in Khasra Nos. 496, .59, 478 and 425 is owned by the State of Himachal Pradesh and other residents of Mohal, which is being used for tie construction of Langar Bhavan of the Temple and ňúSarai, Library and Toilets are already existing thereon Hence, notification under section 4 as well as under sections 6 and 7 of the Act are sustainable in law.


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