Vijyender Sharma/Shimla
The High Court of Himachal Pradesh on Friday expressed strong displeasure for non compliance of its orders with regard to construction of Ambulance road to village Bhogpur, District Solan. The Court has directed Deputy Commissioner, Solan, to appear before the Court on 28.03.2023.
A Division Bench, comprising the Acting Chief Justice, Sabina and Justice Satyen Vaidya, passed this order, on a petition filed by Sh. Pola Ram and his mother Surjeeto Devi of village Bhogpur, District Solan .
The case of the petitioner is that Rs.50,000/- were sanctioned by the Office of Zila Parishad, District Solan, in the year 2017, for the construction of Ambulance road from the main road upto the house of the petitioners. Demarcation of land was done in the year 2018, by the Filed Kanungo in the presence of respondent Maan Singh, on the spot and tatima for construction of Ambulance road was carved out. The claim of the petitioners is that Ambulance road was being constructed on Government land and respondent Maan Singh, is obstructing the construction of the Ambulance road without any reason.
During the course of hearing, the Advocate General placed on record instructions, received in the case, wherein, it has been stated that a fresh demarcation of land in dispute was carried out on 07.01.2023, by the Field Kanungo. As per report, the construction of road through drain would not be technically feasible due to the huge flow of water in the monsoon season and flow of sewage water throughout the year. The only available alternative to construct the ambulance road was through the land of respondent Maan Singh, in case he agrees.
On the other hand, claim of the respondent is that the Ambulance road was being carved out from his land. Whereas, the lands owned and possessed by the respondent was not demarcated by the Field Kanungo for carving out tatima for the construction of Ambulance road.
On 28.09.2022, the Court directed to construct the Ambulance road as per tatima prepared by Field Kanungo and file compliance report to this effect.
During the course of hearing, the Advocate General placed on record instructions, received in the case, wherein, it has been stated that a fresh demarcation of land in dispute was carried out on 07.01.2023, by the Field Kanungo. As per report, the construction of road through drain would not be technically feasible due to the huge flow of water in the monsoon season and flow of sewage water throughout the year. The only available alternative to construct the ambulance road was through the land of respondent Maan Singh, in case he agrees.
The Court observed that the writ petition was disposed of vide order dated 28.9.2022, with a direction to the respondents to construct the ambulance road as per tatima prepared by the Field Kanungo. The Court expressed displeasure and observed that it is not understandable why fresh demarcation has been undertaken, when the writ petition was disposed of with a direction to construct the ambulance road as per tatima already prepared by the Field Kanungo. The Court directed Deputy Commissioner, Solan, to remain present in the Court on 28.03.2023.