IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No.227 of 2002. Decided on: March 26, 2010 Nand Lal Sharma, ….. Petitioner. Versus State of Himachal Pradesh and others …… Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice R.B. Misra, Judge. For the Petitioner : Mr. Sunil Mohan Goel, Advocate. For the Respondents: Mr. R.K. Bawa, Advocate General with J.K. Verma, Dy. Advocate General. --------------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The Writ Petition is filed with the following prayers: i) That the respondents may be directed to construct Dhami-Boli via Bathmana link road expeditiously as per Annexure-PE. ii) That the respondents may be directed to make sufficient funds available for the speedy completion of Dhami-Boli via Bathmana link road. iii) That the respondents may be directed to remove the encroachments made on the existing road at Vill.Halog (Dhami), Tehsil and District Shimla (HP) and at the initial point of the proposed road i.e. Dhami-Bathmana via Boli road so that the construction of the proposed road could be started. 2 Learned Advocate General submits that the Government had given the administrative sanction and the Public Works Department had in fact taken all the steps for the construction of the road, but some of the private land owners and the Gram Panchayat, Halog-Dhami are opposing the construction of the road as proposed. Attention is invited also to a decision of the Division Bench in CWP No. 2058 of 2005. It is submitted that unless the land owners transfer the land, the Government cannot take any step for the construction of the road. We do not think that submission as such can be appreciated. Of course, if there are willing land owners to surrender their land or part with their land for a development project, the Department should be happy. But the development cannot be impeded by unwilling land owners. In such circumstances, private interest should pave way to public interest and it is for the State to initiate appropriate action for the acquisition of the property if the same is required in public interest. As rightly pointed out by the learned Advocate General when the construction of road is undertaken on the demand of the people, it is for the people to take the necessary arrangement in that regard for making available the land for the road. Be that as it may. In view of the rival submissions, we are of the view that the matter should be looked into by the Sub Divisional Magistrate (Rural), Shimla with notice to the petitioner, the land owners who are affected and also the Gram Panchayat concerned. Therefore, we dispose of the Writ Petition with direction to the Sub Divisional Magistrate (Rural), Shimla to look into the matter as above and take appropriate action in accordance with law, in view of also the public interest. The needful, as above, shall be done and a decision in the matter safeguarding the interest of all shall be taken within a period of 3 six months. Depending on the decision as above in the matter, the Public Works Department will take further steps for the construction of the road. (Justice Kurian Joseph), Chief Justice March 26, 2010 (Justice R.B. Misra), (rks) Judge.