Himachal Pradesh High Court

CWPIL/31/2019 on 30 December 2019

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HON’BLE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CWPIL No.31 of 2019 Decided on: 30.12.2019 Court on its own motion

....…......Petitioner Versus State of Himachal Pradesh and others ........Respondents __________________________________________________________

Coram:

Hon’ble Mr. Justice L. Narayana Swamy, Chief Justice. Hon’ble Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioners : Mr. Umesh Kanwar, Advocate, as Amicus Curiae. For the respondents : Mr. Ashok Sharma, Advocate General, with Mr. Adarsh Sharma and

Ms. Ritta

Goswami, Additional Advocate Generals, for respondents No.1 to 3/State. Mr. Naresh K. Gupta, Advocate, for respondent No.4/Corporation. __________________________________________________________ Jyotsna Rewal Dua, Judge (Oral). Taking suo motu cognizance on a letter received from the children of the residents of Nabha area, Shimla, alleging lack of proper access of playground, this Court issued notice to the respondents. 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

2. The main pryaer of the letter petitioners is that because of lack of playground for the children of the residents of Nabha area, the State Government may be directed to construct a playground at Block No.34, Nabha Estate, Shimla, where the State Government has proposed to construct a new residential block for the staf quarters of Government employees.

3. Reply/Status report has been filed by the respondents/State, which reveals that the land in question, where the children want to construct a playground, falls over Khasra Nos. 482, 485, 486, 487, 488 and 489, total Kita-6, measuring 806.88 square meters, situated at Mouza Nabha House, Shimla. The land in question is owned and possessed by the H.P. Public Works Department. It is submitted that though the old buildings built on the land in question have been demolished, however, the HPPWD has proposed to construct a new residential building(s) over the said land for the purpose of residential quarters for the employees of State Government.

4. It is not in dispute that earlier over the land in question in the said Block No.34, there existed a three storeyed residential accommodation for the employees of State Government. The land in question is owned by State and is in possession of Public Works Department, as reflected in Jamabandi for the year, 2011-12. No park existed on the land in question.

5. In view of the above, we see no reason to keep alive the present petition. Accordingly, the same is dismissed. However, the letter petitioners are at liberty to make a request to the State Government for identifying a suitable land for the purpose of construction of playground. In case such a representation is made, the State Government shall consider the matter sympathetically and take a conscious decision in the matter within a period of three months from the date of receipt of such representation.

6. Before parting, we may observe that the valuable eforts put in by Mr. Umesh Kanwar, Advocate, as Amicus Curiae, to assist this Court, are appreciated. We direct the Secretary, H.P. High Court Legal Service

Committee, to pay Rs.10,000/- to learned Amicus Curiae, for his valuable assistance rendered in the case.

(L. Narayana Swamy)

Chief Justice

(Jyotsna Rewal Dua) December 30, 2019

Judge (Yashwant)

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