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Himachal Pradesh High Court stays order till October 22 on encroachments in Bhattakuffar suburb

Allows affected people to approach the court if aggrieved by action against encroachments
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The Himachal Pradesh High Court today kept the order for the removal of unauthorised constructions and projections from Bhattakuffar to super specialty hospital at Chamyana in abeyance till October 22. - File photo
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The Himachal Pradesh High Court today kept the order for the removal of unauthorised constructions and projections from Bhattakuffar to super specialty hospital at Chamyana in abeyance till October 22.

In its October 1 order, the court had given time to the people concerned to remove the encroachments till October 13. It had also directed the authoritiesconcerned to give a chance to the encroachers to themselves demolish or vacate the encroachments or illegal structures till October 13.

The court had clarified in its order that no court or authority in the state shall entertain any

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petition or suit, etc pertaining to the subject matter, i.e. the encroachments on the road leading from Bhattakuffar to the hospital at Chamyana.

It was further made clear that if anyone was aggrieved by the action of the respondents with regard to the removal of the encroachments and unauthorised constructions on the government land, he/she was at liberty to approach this Court.

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It is on account of passing of this order, some of the aggrieved persons have filed the application before the court contending that they were affected adversley and they may be heard before removing the encroachments.

After hearing the application, a Division Bench comprising Justice Tarlok Singh Chauhan and Justice Sushil Kukreja ordered that till next date order passed on October 1, regarding removal of unauthorised constructions and projections is ordered to be kept in abeyance.

While passing this order the court further ordered that "since the issue raised in this application is different from the issue which arises in this Public Interest Litigation, therefore, let it be registered separately by the Registry and order passed on October 1, pertaining to the encroachments on the road leading from Bhattakuffar to the Hospital at Chamyana (Shimla) be placed on that file."

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