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2025 Supreme(HP) 609
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL, J.
Vinod Kumar Guleria - Petitioner
Versus
State of H.P. and others – Respondents
CWP No. 83 of 2024
Decided On : 12-03-2025
For the Petitioner:Mr. Roop Lal Chaudhary, Advocate.
For the Respondents: Mr. Pushpender Jaswal, Addl. AG with Mr. Rajat Chauhan, Law Officer, ex parte.
A court cannot issue a mandamus for construction on private land without obtaining consent from all co-sharers, emphasizing the necessity of No Objection Certificates.
Headnote:
(A) Writ of Certiorari - Quashing of impugned order dated 04.09.2023 - Writ of Mandamus - Direction for construction of remaining 30% ambulance road - Petitioner sought relief for road construction on government land, but respondents stated private land consent was necessary - Court found no basis to compel construction without consent of landowners. (Paras 1-4)
(B) Mandamus - Court cannot direct construction on private land without consent of co-sharers - Requirement of No Objection Certificate from all co-sharers for road construction emphasized. (Paras 3-4)
Facts of the case:
The petitioner sought to quash an order and compel the construction of an ambulance road, claiming that 70% was already built, but the remaining 30% required private land consent. The authorities rejected the request citing lack of consent from landowners.
Findings of Court:
The court upheld the respondents' position that construction could not proceed without the necessary consents from private landowners.
Issues: The main issues included whether the court could mandate construction on private land without consent and the validity of the respondents' refusal based on landowner objections.
Ratio Decidendi: The court ruled that without the necessary No Objection Certificates from all co-sharers, it could not compel the construction of the road, emphasizing the need for consent from private landowners.
Result: Writ petition disposed of.
JUDGMENT :
(Ajay Mohan Goel, J.)
By way of this writ petition, the petitioner has primarily prayed for the following reliefs:-
“(i) That writ of certiorari may kindly be issued, quashing and setting aside the impugned order dated 04.09.2023 (Annexure-F).
(ii) That writ of mandamus may kindly be issued, directing the respondent authorities to construct the remaining 30% ambulance road from Pipal Chowk via Neola Nalla chowk to Twambda Nala through Harijan Basti consisting of 25 to 30 families, within a time bound manner, so that the poor people can also get the benefit of ambulance road in case of any emergency, since 70% of the said ambulance road has already been constructed from 2015 to 2020 from the private lands and now only 30% road has to be constructed only through the Government land and permission thereto of the Forest is within the Deputy Commissioner, Mandi, H.P. and further, petitioner may kindly be associated in the execution of the said road for better assistance.
(iii) That the action may kindly be ordered to be initiated against the erring officers/officials, who have attempted to file wrong affidavits before this Hon'ble Court, stating therein that in the year 2023, there is objection of private land owners for the construction on Khaśra No. 152, whereas the road on Khasra No. 152 has already been constructed from the year 2015 to 2020 as per the record available with the Gram Panchayat.”
2. The petitioner is aggrieved by Annexure–F, in terms whereof, the representation of the petitioner has been answered by the Authorities pursuant to the directions passed in CWP No. 1386 of 2019 in the following terms:-
“Whereas, representation No. nil dated 30-12- 2022 addressed to this office amongst others received from Sh. Vinod kumar Guleria, (Member, Distt. Red Cross Society) S/o Sh. Satish Kumar Guleria Village Devdhar Manthia/Fatehwahan, P.O Talyark. Tehsil Sadar, Distt. Mandi (H.P.) (Petitioner) with request to comply with the directions issued by the Hon'ble High Court on dated 27-12-2022, while deciding the CWP No. 1386/2019.
Whereas, the Hon'ble High Court in his decision in C.W.P 1986-2019 on dated 27-12-2022 has admitted at point No. 4 that the remaining 30% of the road Cannot be constructed unless the co- sharers of the family of the petitioner are willing to donate the lands to the Gram Panchayat. The Hon'ble Court has directed that as and when the petitioner to prevail upon the said co-sharers to donate their land to the Gram Panchayat for the purpose of construction of the remaining 30% of the road, the petitioner may communicate the same to the Authorities.
Whereas, the petitioner sent above mentioned representation without taking consent of the co-sharers of the land bearing Khasra No. 152.
Whereas. Junior Engineer of Development Block Sadar Mandi inspected the site on dated 27-03-2023 alongwith Pradhan, Gram Panchayat, Ward Member and residents of the Village.
Whereas, Pradhan Gram Panchayat Manthla was again requested to make the efforts to process the matter for construction of the remaining road in Village Manthila from Peepal Chowk to Naun. The resolution was placed by the Pradhan in Gram Panchayat's meeting on dated 17-08-2023 and after detailed discussion resolution was passed that for the constriction of this road, private land is to be used for which owner of the lands did not agree In future, if they will give their consent then construction work of the read can be started.
Whereas, the efforts were again made by the Pradhan Gram Panchayat Manthla on dated 21-08- 2023 to seek the consent of the co-sharer of the land 3 Co sharers out of 10 co-sharers of the land bearing Khasra No. 152 signed the joint statement on dated 21-08-2023 that they are the co-sharer of land bearing Khasra No. 152, which is agricultural land and they don't want to construct mad on this land, because they do not need of any path/road from this land & same position has been placed before Hon'ble High Court in reply of CWP No. 1386/2019.
