Tarlok Singh Chauhan, J.

The instant writ petition has been filed seeking direction against the respondents to construct the link road from Saur-Ruhil Dhar via Guttu and not via Kuper as is proposed in the notifications dated 8.12.2015 (Annexure P-18) and 29.7.2016 (Annexure P-25) issued for some other land under the ‘Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short 2013 Act) and have further sought quashment of such notifications.

2. It is averred that the petitioners had been continuously representing to the Government for construction of link road from Saur- Ruhil Dhar via Guttu and had even donated their lands by executing gift deeds in favour of Public Works Department annexed with the petition as Annexures P-1 to P-8, respectively. It is averred that the ‘No Objection Certificate’ by Forest Rights Committee had been issued on 7.6.2014 and even the Deputy Commissioner in the meeting held on 9.9.2014 had recommended the aforesaid road. Thereafter, the other authorities including the Gram Panchayat have also issued No Objection Certificates. However, when the proceedings were conducted by the Sub Divisional Officer, Rohru on 4.11.2015 for arriving at a consensus for construction of this link road all except one family of the Pradhan, Gram Panchayat, Nandpur objected to this construction as he was interested to see that the road instead of passing via ‘Guttu’ is constructed through Kuper.

3. On 8.12.2015 the respondents issued a notification under Section 11 of the 2013 Act proposing to acquire the land for construction of the Saur –Ruhil Dhar road via Kuper, constraining the petitioners to make a representation to their elected representatives i.e. MLA, Jubbal and Kotkhai–cum-Chief Parliamentary Secretary (Agriculture) to the Government of H.P., who in turn, vide his communication dated 3.5.2016 wrote to respondent No.1 and requested him to intervene and withdraw the notification in view of the fact that the petitioners had already executed gift deeds for construction of the link road via Guttu.

4. Respondent No.1, in turn, vide its communication dated 9.5.2016 informed respondent No.2 that as per the Government Policy, objections would be entertained only where the land owners offer or gift the land free of cost to the Government and, therefore, follow up decision be taken up strictly in accordance with the instructions already issued on 12.6.2001.

5. It is averred that despite the petitioners having repeatedly objected to the construction of the link road via ‘Kuper’, the respondents proceeded to issue notification under Section 19 of the 2013 Act, whereby it proposed to acquire 250 meters of land which is contrary to the policy issued by the Government on 12.6.2001 and is further against the H.P. Road Construction Policy framed by the respondent pursuant to the directions issued by this Court in CWPIL No. 9 of 2013.

6. The respondents have opposed the petition by filing reply wherein it has been stated that there are two groups of local people in Village Ruhil, who are in conflict with each other with respect to alignment and survey of the road. One group of the local inhabitants wants the road to be constructed from Bus Stand Ruhil to Village Ruhil via Guttu, whereas the other faction wants the road to be constructed via Kuper. It was after analyzing the various factors like distance of the road from Bus Stop Ruhil Dhar to Village Ruhil, impact on environment, involvement of forest area, number of land holdings of the villagers and other factors that the respondents decided to construct the road from Ruhil Dhar Bus Stoppage to Ruhil via Kuper. This decision has been taken keeping in view the fact that no forest area is involved in construction of road via Kuper, whereas there is thick forest of various species of trees on the alignment/land towards place via Guttu. In case the road is constructed through place Guttu, the same will destroy and damage the ecol

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