Kamajeet Singh v. Union of India and Others

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CWP No.993 of 2023

Decided on:10.03.2023

Kamaljeet Singh

……Petitioner

Versus Union of India & Others

…Respondents __________________________________________________ Coram: Hon'ble Ms. Justice Sabina, Acting Chief Justice. Hon'ble Mr. Justice Satyen Vaidya, Judge.

Whether approved for reporting?

For the petitioner : Mr. Sanjay Dutt Vasudeva, Advocate.

For the respondents : Mr. Balram Sharma, Deputy Solicitor General of India, for respondent No.1/Union of India.

Mr. Rakesh Dhaulta, Additional Advocate General, for respondents No.2 & 3/State.

Mr. Yashwardhan Chauhan, Advocate, for respondents No.4 to 6/State of Rajasthan.

Mr. K.B. Khajuria, Advocate, for respondent No.7/BBMB. ___________________________________________________

Sabina, Acting Chief Justice (Oral).

Learned counsel for the petitioner stated at the Bar that similar matters were considered by this Court in a batch of cases, lead case of which is CWP No.1540 of 2013, titled Bakshi Ram vs. Union of India, decided on 6th November, 2013 and prayed that this writ petition be disposed of in terms of the judgment (supra). His statement is taken on record.

2.

It is apt to reproduce relevant portion of the judgment, referred to above at pages 25 and 26, herein:- "2. It is not in dispute that after the judgment rendered by the Apex Court in Pradesh Pong Bandh Visthapit Samiti, Rajasthan & Another versus Union of India & Others, (1996) 9 Supreme Court Cases 749, a high power committee has been constituted to look into the grievance of the petitioners and similar situate persons. This committee is still functional. Accordingly, the petitioners are permitted to make representation(s) before the high power committee. The committee shall look into the grievance of the petitioners and similar situate persons within a period of six months after receipt of the representation(s). The committee shall also be guided by the judgment rendered by this Court in CWP No.492 of 2007, titled as "Ashwani Kumar V. Union of India", decided on

29.3.2011, against which an SLP was preferred which was dismissed by Hon'ble Supreme Court on

2.1.2013. It is made clear that the limitation/delay shall not come in the way of the petitioner(s). It is also made clear that the high power committee shall decide the cases individually and pass speaking/detailed order(s), strictly as per the averments made in the representation(s). It is further clarified that if the land is available in Sriganganagar (reserved area), this aspect shall also be taken into consideration. The respondent-State is also directed to issue the eligibility certificate in favour of the petitioners in CWPs No.11070 of 2011-G and 1158 of

2013 in order to enable them to present their cases before the high power committee."

3.

It is also stated that the judgment, referred to above, was also followed by the Division Bench of this Court and upheld by the Supreme Court in a judgment rendered in SLP(C) No.21904 of 2012, titled State of Rajasthan & another vs. Ashwani Kumar Sharma & others, decided on 2nd January, 2013 and the Special Leave Petition was dismissed.

4.

In the given circumstances, we deem it proper to dispose of the instant writ petition in terms of the judgment made by the learned Single Judge (supra) with liberty to the writ petitioner to file representation within four weeks before the High Power Committee. The said Committee is directed to decide the same within three months thereafter.

5.

Pending application(s), if any, shall also stand disposed of.

( Sabina )

Acting Chief Justice

( Satyen Vaidya ) March 10, 2023

Judge (Yashwant)