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2018 Supreme(HP) 1807

TARLOK SINGH CHAUHAN
Bihari Lal – Appellant
Versus
State Of H P – Respondent


Advocates Appeared:
Ankush Dass Sood, Adv., Rakesh Sharma, Adv., Vinod Thakur, Adv., Sudhir Bhatnagar, Adv., Bhupinder Thakur, Adv.

JUDGMENT

Tarlok Singh Chauhan, J. - The instant writ petition has been filed for the following substantive relief:

    "A writ of mandamus be passed against the respondents to acquire the land of the petitioner as detailed in Annexure P-4 to P-6 to the extent the same is utilized for the purpose of the link road known as Barsar to Jabbal Kherian Road and thereafter initiate the process of compensation under the land acquisition Act and grant the compensation at the market rate."

    2. It Is Averred That The Predecessor-In-Interest Of The petitioners, namely, Sita Ram, was the owner of the land comprised in Khasra No. (old) 1824, new 1654, (old)1817, 1818/2, 1819 and 1820, new 1655 in Khewat No. 405, Khatauni No. 450 in Mohal Barsar, Mauza Pajgrhan, Tehsil Barsar, District Hamirpur, as per bandobast jadid for the year 2009-2010. It is further averred that the respondents have forcibly constructed and repaired the link road over a part of the suit land, of which no compensation has been awarded to them. In the earlier litigation, which reached up to this Court by way of RSA No. 531/2003, none of the parties had denied ownership and title of the petitioners and the suit as also the appeal fil

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