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2021 Supreme(HP) 571

TARLOK SINGH CHAUHAN, SATYEN VAIDYA
SHAM SHARMA, S/O LATE SH. BABU RAM – Appellant
Versus
STATE OF HIMACHAL PRADESH THROUGH ITS SECRETARY (REVENUE), TO THE GOVERMNENT OF HIMACHAL PRADESH, SHIMLA – Respondent


Advocates Appeared:
For The Appellant :SH. ANUBHAV CHOPRA, ADVOCATE
For The Respondent: SH. ASHOK SHARMA, A.G. WITH MR. RAJINDER DOGRA, SR. ADDL. A.G., MR. HEMANSHU MISRA, MR. VINOD THAKUR, ADDL.A.GS. AND MR. BHUPINDER THAKUR, DY.A.G.

ORDER :

The instant petition has been filed for grant of the following substantive relief:

    “the respondents authorities may very kindly be directed to provide ambulance road facility under the provisions of Article 21 of the Constitution of India, to the petitioner who is a disabled person, along with other villagers, as the land to the extent of 15-20 meters is owned and possessed by the State of Himachal Pradesh under the Himachal Pradesh Ceiling of Land Holdings Act, 1972, in the interest of justice and fair play.”

2. It is averred that the petitioner is a locomotor impaired person having disability to the extent of 80%. He has worked as Teacher and superannuated in the year 2020. The petitioner resides at village Jakhdhar, Tehsil Dadasiba and his house is situated at a distance of 15-20 meters from the main road. It is quite difficult for the petitioner and villagers to have access to health care facilities, more particularly, when the petitioner is physically disabled. The stretch from the main road to the house of the petitioner is a ‘Kachha’ path and unmetalled one, which is existing over Khasra No.1750, belonging to the State Government. Therefore, it is very convenient to th

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