2025:HHC:17002 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.9308 of 2024 Decided on: 02.06.2025 Smt. Ruchi Mati Jaswal & another … Petitioners Versus State of Himachal Pradesh & others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioners : Mr. Ashutosh Bhardwaj, Advocate. For the respondents : Mr. Anup Rattan, Advocate General, with Mr. Rahul Thakur, Deputy Advocate General. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioners have, inter alia, prayed for the following reliefs:- “(ii) Issue a writ of Mandamus or direction in the nature of writ of Mandamus directing the respondents to construct Motorable road Janjharidi to the house of petitioner No.1 approximately 400 meters from the road Reedha (Dangar) to Bhadsin via Malihari in a time bound manner and to complete all formalities incidental thereto in a time bound manner. (iii) Issue a writ of Mandamus or direction in the nature of writ of Mandamus directing the respondents to complete the construction of Road Reedha (Dangar) to Bhadsin via Malihari and constructing a bridge over stream (Raul Khd) which connect the village Lehri Sarail with Badsin in a time bound manner and to complete all formalities incidental thereto in a time bound manner. (iv) Issue a writ of Mandamus or direction in the nature of writ of Mandamus directing the respondents to repair the 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:17002 damages and construction breast wall and retaining wall essential cross drainage structures over riffle, road side drainage system in Reedha (Dangar) to Bhadsin via Malihari Road in a time bound manner and direction to keep it maintain in future also to complete all formalities incidental thereto in a time bound manner. (v) Issue a writ of Mandamus or direction in the nature of writ of Mandamus directing the respondents to submit before this Hon'ble Court the complete progress report of the work carried-out for the construction of Reedha (Dangar) to Bhadsin via Malihari a further direction to the respondents to submit before this Hon'ble Court the proposal, time frame, action plan and time to time updates of the progress made in the matter i.e. construction of Reedha (Dangar) to Bhadsin via Malihari.” 2. Learned Advocate General, who is present in the Court, has pointed to the reply filed by the respondents and submitted that as the construction of the road, that is traffic worthy road, involves about 25 bighas of private land, therefore, as till the time each owner of the land whose land will be utilized for the purpose of the road, does not gift the same in favour of the Department concerned, it is not possible for the Department to start the construction of the road, for the reason that in case the road is constructed through the land of the private individuals without fulfilling all such like formalities, then tomorrow such persons come to the Court, claiming compensation on the alleged ground that their land is utilized by the State without their consent. 3 2025:HHC:17002 3. Learned counsel for the petitioners submits that in case the State does identify as to whose land shall be utilized for the purpose of construction of the road, the villagers will not shy away from gifting the land in favour of the State. 4. In the backdrop of the submissions of learned Advocate General as well as learned counsel for the petitioners, this petition is disposed of with the direction that let a survey be conducted by the Department concerned for the purpose of construction of the road, if not already undertaken and if the survey has been undertaken, then let the private individuals whose land shall be utilized for the purpose of construction of the road, be intimated that they should come-forth and donate their land in accordance with law in favour of the Department concerned and if all the stake holders, i.e. the land owners give their land in favour of the Department concerned as per law, thereafter, the Department may commence the work of construction of the road taking into consideration the financial position. The work of identification of the workers whose land is involved for the purpose of construction of the road be carried out expeditiously, and completed preferably before 31.08.2025. 5. Pending miscellaneous applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge June 02, 2025 (Rishi)