INDER SINGH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The question which arises for consideration in this case is whether a part of the land owned by the petitioner, comprising in Khata/Khatauni No.96/101, Khasra No.275/20, measuring 06 biswas, situated at Mauza Shamti, Tehsil and District Solan, which is abutting to Solan-Rajgarh Meenus Road, has been utilized by the State of Himachal Pradesh and its authorities for the construction of road, without its formal acquisition and without payment of compensation?

(2.) It appears from the documents placed on record that a show-cause notice was issued to the petitioner under the Himachal Pradesh Road Infrastructure Protection Act, 2002 and he was directed to remove the debris, clear the drains and fix the grating etc. on the spot, so that the Controlled Width can be kept free from any obstruction.

(3.) It goes without saying that if the part of the petitioner's land is within the Controlled Width under the Himachal Pradesh Road Infrastructure Protection Act, 2002, there is no obligation to acquire the land by the State, rather the owner is under obligation to keep it free from any obstruction for the free and smooth flow of traffic. However, if the State has utilized part of the petitioner's land for construction of the road, namely other than within the Controlled Width, such a question of fact is required to be determined by the prescribed Authority/Sub Divisional Officer (Civil), Solan.