IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. R.S.A. No. 391 of 2007. Decided on: 27.8.2009. Himachal Pradesh State Electricity Board and others. Appellants. Versus Sh. Goru Ram Respondent. Coram: The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting ?1 No. For the appellants: Mr. Baldev Singh, Advocate. For the respondent: Mr. Rakesh Jaswal, Advocate. Rajiv Sharma, Judge (Oral): This Regular Second Appeal is directed against the judgment and decree passed by learned Additional District Judge, Shimla in Civil Appeal No. 119-S/13 of 2005, dated 21.06.2007. Brief facts necessary for the adjudication of this Regular Second Appeal, are that the respondent-plaintiff (hereinafter referred to as ‘the plaintiff’ for convenience sake) has filed a civil suit in the Court of learned Civil Judge (Senior Division) Chopal, District Shimla for permanent prohibitory injunction as well as mandatory injunction with the averments that he is owner in Whether reporters of local papers may be allowed to see the judgment?. No. possession of the land comprised in Khewat No. 156, Khatauni No. 227, Khasra No. 1385/1287, measuring 0-2 bighas situated in Chack Batewati, Pargana Shanta, Tehsil Chopal, District Shimla, H.P. According to him, the appellants-defendants (hereinafter referred to as ‘the defendants’ for convenience sake) are strangers to the suit land, but without any right, title and interest have started construction of road over the suit land leading to the building. The suit was contested by the defendants. The learned Civil Judge (Senior Division) Chopal decreed the suit on 28th October, 2005. The defendants preferred an appeal before the learned Additional District Judge, Shimla. The learned Additional District Judge, Shimla allowed the appeal. The judgment and decree passed by the trial Court was set aside In place of decree for prohibitory injunction, it was ordered that the defendants shall acquire 2 biswas or any part thereof as per their requirement, of the plaintiff’s land comprised in Khasra No. 1385/1287 and shall within a period of one year from the passing of the judgment pay compensation for the land to be acquired. Mr. Baldev Singh, Advocate has vehemently argued that the report of the Local Commissioner has been wrongly relied upon and considered by both the Courts below. The Local Commissioner was appointed by the trial Court to see whether any construction was being raised by the defendants in the suit land, as alleged. The Local Commissioner visited the spot, conducted the demarcation and submitted the report, i.e., Ext.PW-2/A. The defendants have not filed any objections against the same. The only contention raised before the learned trial Court and before 1st Appellate Court was that the demarcation was not carried out as per the instructions issued by the Financial Commissioner. In fact, the Local Commissioner has undertaken the demarcation work with the help of Momi, Latha and Intkal. The spot Tatima was also mentioned. The learned Courts below have rightly relied upon the report of the Local Commissioner. The Local Commissioner has proved his report Ext. PW2/A when he appeared as PW-2. In fact, there were two demarcation reports. One is dated 4th April, 2005 and the second demarcation was carried out on the basis of the orders passed by the trial Court. Mr. Baldev Singh, Advocate has also argued that the learned Additional District Judge has wrongly ordered the defendants to acquire the land and to pay compensation to the plaintiff. The learned Additional District Judge has rightly come to the conclusion that in the present case, the plaintiff could be compensated in terms of money instead of causing hardship and obstruction to the work carried out by the defendants for constructing 22 KV Sub- Station. There is no illegality in the judgment passed by the learned Additional District Judge, whereby he has modified the decree and compensated the plaintiff in terms of money. Accordingly, there is no substantial question of law involved in this Regular Second Appeal and the same is dismissed. No costs. (Rajiv Sharma), J. August 27, 2009. (bhupender)