Authority: High Court of Himachal Pradesh, Shimla
Order Date: 16 July 2026
Case Overview
- Parties: Petitioner Sunil Kumar (resident of Mandhala, Solan district) vs Respondents Baddi Barotiwala Nalagarh Development Authority (BBNDA) and Amar Nath (son of Gopal Chand).
- Nature: Writ petition (CWP No.9804 of 2023) challenging obstruction of access to petitioner’s land caused by an iron gate installed by respondent No.2 on a public path/road belonging to the Government.
- Timeline: Petition filed; BBNDA issued show‑cause notice on 09‑03‑2023 (Sec 38 HP Town & Country Planning Act) and further notice on 22‑03‑2023 (Sec 39(1)) directing removal; CEO of BBNDA ordered removal on 16‑06‑2023; order withdrawn on 10‑08‑2023; petitioner filed writ; Court on 06‑08‑2025 urged amicable settlement; on 14‑10‑2025 a resolution committee was constituted (Chairman Deputy Commissioner Solan, members Superintendent of Police Baddi, CEO BBNDA, Sub‑Divisional Magistrate Baddi); committee report dated 11‑12‑2025 recommended gate may remain but shutters removed or fixed open; compliance affidavit filed by Deputy Commissioner Solan echoing recommendation.
- Observations: Gate installed without permission, 300 m from Shiv Temple, obstructs petitioner’s 100 m‑away land; unauthorized construction on Government land; removal necessary to ensure free vehicular passage and protect temple security.
Final Outcome
- The shutters of the gate at its present location shall be removed permanently.
- If the gate is deemed necessary, it may be installed only within 50‑75 m of the temple and only after obtaining all required sanctions/approvals under law.
- Sub‑Divisional Magistrate, Baddi, District Solan, is directed to ensure compliance.
- Office of the Advocate General to inform the concerned authority of this order.
- The writ petition is disposed of; any pending miscellaneous applications are also dismissed.
Topics: Land Access Dispute, Government Land Encroachment