2025:HHC:11118 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.1383 of 2023 Decided on: 25.04.2025 Banti Giri … Petitioner Versus State of H.P. & others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1Yes ____________________________________________________ _ For the petitioner : Mr. Vivek Singh Thakur, Advocate. For the respondents : Mr. Pushpinder Jaswal, Additional Advocate General. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has, inter alia, prayed for the following reliefs:- “(i). The respondents may kindly be directed to give fair claim and compensation in lieu of Right to fair compensation and transparency in land acquisition Rehabilitation & resettlement Act 2013 and after making assessment on correct market value petitioner may kindly be paid fair compensation qua land comprising in khebat & Khatuni number 1 Mohal Diara Hadbast no. 207 Khasra no. 36, 37 39 40, 4142, 43, 45, 46, 47, & measuring Kita 11 measuring 6946.47 Kasra number 38 & 44 measuring Kitta 247.95 and total measuring 71.94.42 situated at Up Mohal Diara District Bilaspur in the interest of justice and fair play. (ii). That respondents may be restrained for questioning of title of petitioner qua khebat & Khatuni number 1 Mohal Diara Hadbast no. 207 Khasra no. 36, 37 39 40, 4142, 43, 45, 46, 47, & measuring Kita 11 measuring 6946.647 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:11118 Kahsra number 38 & 44 measuring Kitta 247.95 and total measuring 71.94.42 in reference of claim petition as well as in reference of notification No. TPT-F(2)-4/2019-11 Dated Shimla 171002 the 30.06.2021 Annexure P-2. (iii) That if the respondents/non-applicant change the ownership qua land in question i.e. petitioner/applicant's land as being acquired for Banupali-Bilaspur new B.G. Railway line in favor of any other /person/authority/agency except Banupali-Bilaspur new B.G. Railway line then the same may be ordered to be quashed & set aside.” 2. In terms of the reply filed by the respondents-State, the following stand has been taken in Para-1 of the preliminary submissions. “1. That the Civil Writ Petition as filed in the present form is not maintainable. Neither the land of the petitioner has been acquired nor is being acquired. The Government of Himachal Pradesh under Section 28 (1) of H.P. Hindu Public Religious Institutions and Charitable Endowments Act, 1984, vide Notification dated 6th March, 2007 has taken over the holy Vyas Gufa which is of ancient historical importance. The present petitioner against above notification has filed CWP No. 1897 of 2007-H in this Hon'ble Court for quashing the above Notification. This Hon'ble Court has dismissed the above CWP vide order dated 7th December, 2011 (copy enclosed as Annexure R-1) with the observations that; "In view of what is stated in the counter affidavit, as also the fact that the petitioner had not been spending any money on the maintenance and upkeep of the Temple, 3 2025:HHC:11118 present petition is dismissed. However, the petitioner may continue to worship and take care of the Temple, till the Trust is constituted" 3. Incidently, what has been narrated in Para-1 of the reply by the respondents has been conveniently concealed by the petitioner in the writ petition as these facts have not been disclosed by the petitioner in the writ petition. 4. Be that as it may, as it is the specific stand of the respondents that neither the land of the petitioner has been acquired nor the same is likely to be acquired and further that the State Government has already taken over holy Vyas Gufa, vide Notification dated 06.03.2007, under the provisions of Section 29(1) of H.P. Hindu Public Religious Institutions and Charitable endowments Act, 1984 and earlier writ filed by the petitioner against said Notification was dismissed by this Court on 07.12.2011, the relief claimed for by the petitioner cannot be granted, and this writ petition is, accordingly, dismissed. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge April 25, 2025 (Rishi)