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2016 Supreme(HP) 1850

MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN
Sh. Shiv Singh – Appellant
Versus
State of H. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr. Ramakant Sharma Senior Advocate, with Mr. Basant Thakur, Advocate.
For the respondents:Mr. Shrawan Dogra, Advocate General, with Mr. Anup Rattan, Mr. Romesh Verma, Addl. Advocate Generals and Mr. J.K.Verma, Dy. Advocate General.

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 Offic

























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