1. Notice. Mr. Pushpender Jaswal, learned Additional Advocate General, accepts notice on behalf of the respondents.

2. By way of this petition, the petitioner has assailed notice Annexure P-11, dated 06.01.2026, issued under Section 4(1)(b) of the Himachal Pradesh Road Infrastructure Protection Rules, 2004, for contravention of prohibited acts on road infrastructure as provided under Section 3 of the Himachal Pradesh Road Infrastructure Protection Rules, 2004. The notice reads as under:-

                   “It has come to the notice that on Road infrastructure belonging to the Government of Himachal Pradesh, you are i) encroach upon the Government land road infrastructure (ii) Extension of boundary wall towards roadside; at RD 0/300 on Solan Jaunaji Dharja road. The said act is prohibited under clause (i) & (ii), of section 3 of the Himachal Pradesh Road Infrastructure Protection Act, 2002.

                   The upgradation/widening work of this road is in progress under PMGSY-III and the alignment of the road is to be improved by the department without hindrance with in acquired width of road as per requirement. The Hon'ble High Court of Himachal Pradesh vide order in CWPIL no 17 of 2014 and CWPIL no 09 of 2015 of 8th January 2025, has taken a serious note relating to encroachment and directed the concerned Officers and Officials of all departments/Authorities to ensure that there is no fresh encroachment on the Govt/Forest land/Public Roads/Public Paths in future by any other person including ex- encroachers.

                   Hence, the undersigned in exercising of the powers vested in him under section 5 of the Act, issues this notice to you with in the direction to start within three days from the receipt of this notice the process of restoration of the road infrastructure to its original position and complete the same with in fortnight. Failing which, the work of restoration of status quo ante shall be initiated by the department at your risk and cost along with restoration cost so imposed by the confirmatory authority as per the provisions of sub-section (4) of section 6 of the Act. If you feel aggrieved, you may approach the Confirmatory Authority Cum Executive Engineer. HP.PWD. Division Solan.”

3. Learned Counsel for the petitioner has drawn the attention of the Court to Rule 4(1)(b) of the Himachal Pradesh Road Infrastructure Protection Rules, 2004 (herein after to be referred as ‘the 2004 Rules for short) and submitted that the notice ex facie is not sustainable in the eyes of law because under Rule 4(1)(b) of 2004 Rules, notice can be issued only for the purposes as mentioned therein and the same did not include what has been mentioned in the Rules.

4. Confronted with this issue, learned Additional Advocate General submitted that appropriate order be passed but with liberty to the respondents to proceed against the petitioner afresh in accordance with law.

5. Contents of the notice issued under Section 4(1)(b) of the 2004 Rules, have been quoted by me hereinabove. The basic allegation in the notice is that there is alleged encroachment by the petitioner upon the road infrastructure and the petitioner has been called upon to restore the status quo.

6. Perusal of Section 4(1)(b) of the Himachal Pradesh Road Infrastructure Protection Rules, 2004, demonstrates that the competent authority can issue notice under this particular Section for contravention of all prohibited acts on road infrastructure as provided under Sections 3 and 7 of the Himachal Pradesh Road Infrastructure Protection Act, 2002 for the “removal of abandoned Motor Vehicle or machinery or goods as the same may be”.

7. In the present case, as the notice does not relate to removal of abandoned Motor Vehicle or machinery or goods but is purportedly issued on the ground that there are encroachments upon the road infrastructure by the petitioner, ex facie, the notice is bad, as has been argued by learned Counsel for the petitioner, as the Authority cannot issue notice under this Rule except for the purposes specifically provided therein.

8. Therefore, on this short count, this petition is allowed and impugned notice dated 06.01.2026 (Annexure P-11), is quashed and set aside and liberty is granted to the respondents to proceed against the petitioner afresh in accordance with law and in case, any action is to be taken against the petitioner, then same be taken by adhering to the principles of natural justice. Pending miscellaneous application(s), if any also stand disposed of accordingly.