Land allotment case Himachal HC directs civic official to remain present on next date

  • | Thursday | 15th November, 2018

SHIMLA: Himachal Pradesh high court on Thursday directed the executive officer of municipal council, Jawalamukhi to remain present in the court along with record to show cause as to how and in what manner the land was allotted to the petitioner or other placed persons. "Despite making a number of requests, he was neither rehabilitated to any other suitable place nor was allotted a shop, which is lying vacant in the complex constructed by the Municipal Council in Jawalaji near Gate-I, whereas rent for space, as usual, has been charged from him from 2005 till March 2019," He added.Court has posted the matter for December 24 for further hearing. The Court further directed him to explain the mode of allotment adopted by the municipal council, for such allotment.A division bench comprising Chief Justice Surya Kant and Justice Ajay Mohan Goel passed these orders on a writ petition filed by one Satinder Singh Gulari of Village Bohan, post office and Tehsil Jawalamukhi, Kangra district The petitioner has alleged in the petition that he was allotted a vacant plot for a period of 25 years on lease basis, at the rate of Rs 150 per month on the Kangra road in Jawalaji by Jawalamukhi and he was asked to deposit Rs 5000 as security and to execute an agreement in this behalf.The Petitioner further submitted that due to his father’s illness, he could not pay the rent during 2008-2010, due to which notice was issued to him and on receipt of the notice, he immediately deposited the amount with interest.He said that however, in the year 2010, when he came to know that the plot allotted to him is within the controlled width of the Road as per the provisions of the HP Roadside Land Control Act, 1968, he submitted an application and it was decided in the house of Nagar Parishad to adjust him at some other vacant plot and was assured that very soon he would be given no objection for installing electricity connection as well as water connection, so that he can earn his livelihood.

SHIMLA: Himachal Pradesh high court on Thursday directed the executive officer of municipal council, Jawalamukhi to remain present in the court along with record to show cause as to how and in what manner the land was allotted to the petitioner or other placed persons. The Court further directed him to explain the mode of allotment adopted by the municipal council, for such allotment.A division bench comprising Chief Justice Surya Kant and Justice Ajay Mohan Goel passed these orders on a writ petition filed by one Satinder Singh Gulari of Village Bohan, post office and Tehsil Jawalamukhi, Kangra district The petitioner has alleged in the petition that he was allotted a vacant plot for a period of 25 years on lease basis, at the rate of Rs 150 per month on the Kangra road in Jawalaji by Jawalamukhi and he was asked to deposit Rs 5000 as security and to execute an agreement in this behalf.The Petitioner further submitted that due to his father’s illness, he could not pay the rent during 2008-2010, due to which notice was issued to him and on receipt of the notice, he immediately deposited the amount with interest.He said that however, in the year 2010, when he came to know that the plot allotted to him is within the controlled width of the Road as per the provisions of the HP Roadside Land Control Act, 1968, he submitted an application and it was decided in the house of Nagar Parishad to adjust him at some other vacant plot and was assured that very soon he would be given no objection for installing electricity connection as well as water connection, so that he can earn his livelihood."Despite making a number of requests, he was neither rehabilitated to any other suitable place nor was allotted a shop, which is lying vacant in the complex constructed by the Municipal Council in Jawalaji near Gate-I, whereas rent for space, as usual, has been charged from him from 2005 till March 2019," He added.Court has posted the matter for December 24 for further hearing.

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