IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 29^th DAY OF NOVEMBER, 2021 BEFORE HON'BLE MR. JUSTICE MOHAMMAD RAFIQ, CHIEF JUSTICE &

HON'BLE MS. JUSTICE SABINA CIVIL WRIT PETITION No. 2408 of 2017 Between:

1. SHRI AMAR SINGH, S/O SHRI GOVINDA, R/O VILLAGE DARKOHAL, POST OFFICE BALDWARA, TEHSIL SARKAGHAT, DISTRICT MANDI, HIMACHAL PRADESH.

2. ASHOK KUMAR, S/O SHRI AMAR SINGH, R/O VILLAGE DARKOHAL, POST OFFICE BALDWARA, TEHSIL SARKAGHAT, DISTRICT MANDI, HIMACHAL PRADESH.

...PETITIONERS (BY MR. RAJIV RAI, ADVOCATE)

AND

1. STATE OF HIMACHAL PRADESH THROUGH SECRETARY (HPPWD)

TO THE GOVERNMENT OF HIMACHAL PRADESH.

2. DEPUTY COMMISSIONER, DISTRICT MANDI, HIMACHAL PRADESH.

3. EXECUTIVE ENGINEER, HIMACHAL PRADESH RURAL INFRASTRUCTURE DEVELOPMENT CORPORATION, HAMIRPUR, DISTRICT HAMIRPUR, HIMACHAL PRADESH.

4. M G CONSTRUCTION PRIVATE LIMITED (MITTAL & GARG CONSTRUCTION PRIVATE LIMITED), OFFICE: WARD NO. 1, HOUSE NO. 198, NEAR BACHPAN SCHOOL, KRISHNA NAGAR, HIRA NAGAR, DISTRICT HAMIRPUR, HIMACHAL PRADESH, THROUGH IT'S PROJECT MANAGER.

...RESPONDENTS (BY MR. ASHOK SHARMA, ADVOCATE GENERAL, WITH MS. SEEMA SHARMA, DEPUTY ADVOCATE GENERAL)

This Civil Writ Petition coming on for admission this day, Hon'ble Mr. Justice Mohammad Rafiq, passed the following:

O R D E R

This writ petition was filed by the petitioners way back in the year 2017 with the prayer that the respondents be directed to restore the link road at site No. 86 adjacent to Palasi Bridge leading to the house/shop of the petitioner and the ration depot run by the Palasi Gram Sewa Sehkari Sabha Samiti. A prayer was also made to direct the respondents to pay compensation to the tune of at least rupees Ten Lac for the loss of goodwill and loss of business of the petitioners on account of the act and conduct of the respondents in destroying the link road/path leading to the house and shop of the petitioners.

2. Respondent No. 1 in its reply to the writ petition has contended that the construction work of Joginder Nagar- Sarkaghat-Ghumarwin Super Highway has been completed in the year 2016 in all respects. The respondents have not obstructed any path, but contrarily, they have repaired the path which leads to the locality of Dharkol. There is a jeepable road to Village Dharkol from the Super Highway through which the people of the said village reach their agriculture fields with cattle and goPods. A map has been annexed with the reply to the writ. petition as Annexure R-1 to explain the point.

3. It is contended that the jeepablef road to the village and their fields is still existing, as shown in the aforesaid map. The gradient of the earlier road wtas low and the petitioners were using a jeepable kachhau road from this road to their house and now, due to construcotion of the new Super Highway, the approach to the house ofC the petitioners from the old road has been stopped, however, the approach road to the villages is still in existence. The house of the petitioners is at a distance of 80 metres from the Super Highway and respondent No. 4-Contractor has H repaired/constructed the approach path to the house of the petitioners by constructing retaining walls.

4. It is further contended that house of the petitioners is shown at point B in Annexure R-1. As far as the approach to the industry of petitioners is concerned, the road bifurcating from point A can be used, which exists exactly opposite to the earlier path.

5. As regards the ration shop, it is submitted that the Palasi Gram Seva Sehkari Sabha Samiti has shifted its offiPce to a new location adjacent to the Super Highway and a.s such, the people do not face any problem in collecting their monthly ration. Earlier the Super Highway has been constfructed on acquired land as per the plan by keeping in view the gradient at the spot.

6. The learned counsel tfor the petitioners has, however, submitted that even as puer the map Annexure R-1, it is clearly mentioned that cononectivity to the house of the petitioners is incomplete. C

7. We, therefor