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2013 DIGILAW 762 (HP)

Vishamber v. STATE OF H. P.

2013-08-22

A.M.KHANWILKAR, KULDIP SINGH

body2013
JUDGEMENT A.M.KHANWILKAR,C.J. - 1. HEARD counsel for the petitioners as well as counsel for the respondentsState and Municipal Council. 2. IT is not in dispute that the petitioners have already resorted to remedy of civil suit for declaration that they are in settled possession of the Government land and have sought relief in that behalf against the Municipal Authorities as well as declaration against the Government. The only limited issue that is canvassed in the present petition is that the State be directed to frame a scheme in the light of other schemes already in force formulated by the Central Government. We are afraid, it is not open to this Court to direct the State to formulate a scheme, and that too, in a particular manner. It is open to the petitioners to make representation to the State Government in that behalf and it is for the State Government to examine the same and formulate appropriate scheme, as may be advised, which must stand the test of judicial scrutiny and must be a reasonable scheme in public interest. We are not expressing any opinion either way in that regard in the present proceedings. 3. THIS petition is disposed of with liberty to the petitioners to make representation to the State Government, which, in turn, be considered expeditiously and not later than four weeks from its receipt by the Chief Secretary to the State of Himachal Pradesh. The representation shall be made to the Chief Secretary within one week from today. 4. AS regards the civil suit filed by the petitioners, being Civil Suit No. 74 of 2013, we direct the concerned Civil Court to decide the said suit expeditiously, preferably within three months from today, considering the fact that all other structures have already been removed by the Municipal Council, Mandi, which were unauthorized and encroachment on Government land. Whether the petitioners will be liable to pay use and occupancy charges, irrespective of the proposed scheme to be framed by the State Government pursuant to the representation to be made by the petitioners, will have to be decided in the companion writ petition, which is treated as a public interest litigation, being CWP No. 2289 of 2007. That question is kept open to be answered in the said writ petition. 5. That question is kept open to be answered in the said writ petition. 5. THE copy of this order be forwarded to the Chief Secretary to the Government of Himachal Pradesh as well as the District Judge, Mandi, for information and necessary action. 6. THE petitioners as well as the official defendants, who are represented through counsel in the present proceedings, shall appear before the concerned Civil Court on 2nd September, 2013, to facilitate the said Court to issue appropriate directions for complying with the order of early disposal of the suit. The petitioners through counsel as well as the official respondents though their respective counsel have assured this Court that the respective clients will extend full cooperation to the Civil Court for early disposal of the proceedings. The concerned Civil Court dealing with Civil Suit No. 74 of 2013, shall submit monthly progress report to this Court to be presented in CWP No. 2289 of 2007. In case the Civil Court is of the opinion that any party is engaging in dilatory tactics, shall report that fact to this Court and is also free to pass appropriate order, as may be required in the concerned suit. Writ petition is disposed of on the above terms, so also the pending application(s), if any.