Court gives the state government 12 weeks to address the compensation demand for land claimed by Mir Bakhsh, which includes the site of Nerchok Medical College and other government offices.
Team Clarion
SHIMLA – The Himachal Pradesh High Court has directed the state government to take prompt action within 12 weeks on a substantial compensation claim filed by one Mir Bakhsh, a resident of Mandi district. Bakhsh has demanded Rs 10.61 billion in compensation asserting that the land on which Nerchok Medical College and Hospital and several other government offices are built belongs to his family.
In a recent compliance petition, Mir Bakhsh urged the High Court to enforce a previous ruling that favoured his claim. The High Court, in its latest hearing, has ordered the government to ensure immediate implementation of the earlier orders, including the return of land used for agriculture and horticulture farms, along with the medical college premises.
Mir Bakhsh’s legal battle began several years ago, rooted in his claim that his ancestral land was wrongfully taken by the state. The case gained significant attention when the High Court, in 2009, ruled in favour of Baksh, ordering the return of the land. The state government, however, appealed the decision.
Despite the appeal, a Division Bench of the High Court upheld the 2009 ruling in 2015, dismissing the state’s objections. The government then escalated the matter to the Supreme Court, which also ruled in favour of Mir Baksh in 2023, reinforcing the High Court’s decision to return the 110 bighas of land.
Following the Supreme Court’s decision, Mir Baksh filed a compliance petition in the Himachal Pradesh High Court, estimating the value of his land and demanding Rs 10.61 billion in compensation. The High Court, under the direction of Justice Ajay Mohan Goyal, has now ordered the state government to expedite the process, giving them a 12-week deadline to resolve the issue.
“The petitioner has been fighting for justice for years. The court’s decision is clear, and it is the responsibility of the state government to comply,” said Justice Goyal during the hearing.
The state government has indicated that it is in the process of identifying land that can be given to Bakhsh as compensation. “The selection of land for compensation is ongoing,” a government representative stated in court.
The dispute traces back to 1947 when Sultan Muhammad, the father of Mir Bakhsh, migrated to Pakistan, leaving behind 110 bighas of land in the Mandi district. The land was declared vacant property by the government in 1957, with parts of it being auctioned off, including 8 bighas purchased by Sultan Muhammad.
After years of appeals and legal struggles, the High Court in 2002 ruled in favour of returning the land to the family. However, it wasn’t until 2009 that the court issued an order for the state government to comply.
As it stands, the land in question now houses significant government infrastructure, including Nerchok Medical College Hospital, the SDM Office, and agriculture and horticulture farms, making the case both complexfor the state government.
The case of Mir Bakhsh versus the Himachal Pradesh government has been a long and arduous journey through the Indian legal system. With the High Court’s latest order, the government is under pressure to act swiftly and resolve the matter in accordance with the law. The coming weeks will be crucial in determining whether the state will comply with the court’s directive or face further legal consequences.
