1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.328 of 2019 Date of Decision : 27.10.2025 M/s Shivalik Bimetal Controls Ltd. …… Petitioner Versus The Secretary Government of India and others ……Respondents Coram: The Hon’ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting?1 No For the petitioner : Mr. Pratap Singh Goverdhan, Senior Advocate with Mr. Rakesh Thakur, Advocate. For the respondents : None for respondents No.1 and 2. Mr. Manish Thakur, Deputy Advocate General for respondent No. 3. Bipin Chander Negi, Judge (oral) Heard counsel for the parties. Perused the pleadings and the impugned orders passed by the Courts below. 2. The suit land, in the case at hand is comprised in Khata Khatauni No.34/37 bearing Khasra No.306/265/1 measuring 14-1 bighas situated in Village Damyari, Tehsil Kandaghat, District Solan, Himachal Pradesh. 3. An injunction was being sought against the respondents from causing any sort of interference for building (widening/ four laning), maintenance, management and operation of national highway No.22 on the suit land comprised in Khata Khatauni No.34/37 bearing Khasra No.306/265/1 measuring 14-1 bighas situated in Village Damyari, Tehsil 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 Kandaghat, District Solan, Himachal Pradesh vide Jamabandi for the year 2011-2012 through themselves, their employees, contractors, agents, servants etc. 4. In response to the application under Order 39 Rules 1 and 2 of the Civil Procedure Code, respondents No.1 and 2 have categorically asserted that they have acquired 674 Square Metres of land assigned new Khasra No.306/265/1/1 out of land comprised in Khasra No.306/265/1 measuring 14-1 bighas situated at Mauja Damyari, Tehsil Kandaghat, District Solan, Himachal Pradesh, for the purpose of construction of National Highway. 5. Section 41 of the Specific Relief Act, specifically Clause (ha) reads as follows:- “41. Injunction when refused.- An injunction cannot be granted- …. …. …. (ha) if it would impede or delay the progress or completion of any infrastructure project or interfere with the continued provision of relevant facility related thereto or services being the subject matter of such project.” 6. Insofar as Khasra No.306/265/1 measuring 14-01 bigha situated in Mohal Damyari, Tehsil Kandaghat, District Solan, i.e., suit land is concerned, proceedings under Section 118 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972 were initiated by the State of Himachal Pradesh against the present petitioner. The same were initiated on 28.06.2016 before the District Collector, Solan. The proceedings were finalized vide order dated 14.12.2017 and it was held that there was no infraction of Section 118 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972. It was only in the year, 2023 that an appeal was 3 preferred against the judgment dated 14.02.2017 before the Divisional Commissioner. The delay of more than 5 years in filing the appeal was condoned by the Divisional Commissioner. It has been informed that against the same an appropriate proceeding (CWP) is pending before the Co- ordinate Bench of this Court. Hence, it is evident that presently the title of the suit land, prima facie vests in the present petitioner. The same will only be extinguished if proceedings under Section 118 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972 are decided in favour of the State Government and the suit land is resumed on account of infractions of provisions of Section 118 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972. 7. In the given facts and attending circumstance of the case at hand and keeping in view the directions passed by the Division Bench of this Court in CWP No.1299 of 2016 dated 28.3.2018, titled Kuldeep Singh vs. NHAI and others, which have been relied upon by both the Courts below and the provisions of Section 41 of the Specific Relief Act, specifically Clause (ha), the petitioner is not entitled for any injunction qua 674 Square Metres of land acquired by the respondents in the suit land bearing Khasra No.306/265/1 measuring 14-1 bighas situated at Mauja Damyari, Tehsil Kandaghat, District Solan, Himachal Pradesh. 8. In view of above terms, the present petition is disposed of, so also, pending miscellaneous application(s), if any. (Bipin Chander Negi) October 27, 2025 (KS) Judge