The State cannot deprive a person of property without following due process of law, and delay in seeking compensation is not an absolute impediment.

JUDGMENT

Sandeep Sharma, J. - By way of instant petition filed under Article 226 of the Constitution of India, petitioner has prayed for the following reliefs:-

(i) That writ in the nature of mandamus may kindly be issued, directing the respondents to acquire the land of the petitioner measuring 6.50 biswas compromised in Khasra No.955, Khewat No. 43/42 min, Khatauni No.1366/135min, situated in Mohal Shaneri, Patwar Circle Shingla, Tehsil Rampur, District Shimla, Himachal Pradesh within time bound period, since the respondents have used the above mentioned land of the petitioner for the construction of Shingla to Shaneri road.

(ii) That writ in the nature of mandamus may kindly be issued, directing the respondents to grant the compensation to the petitioner at the market value of the land prevailing at present as per the ratio laid down by this Hon'ble Court as well as Hon'ble Apex Court."

2. Precisely, the facts of the case as emerge from the pleadings adduced on record by the respective parties are that the land of the petitioner bearing Khasra No.955, Khewat No. 43/42min, Khatauni No.1366/135min, situate in Mohal Shaneri, Patwar Circle Shingla, Tehsil Rampur, District Shimla, H.P., came to be used by the respondents-State for the construction of road namely "Dakolar-Shingla- Shaneri, work whereof started in the year, 1997 and as per the reply filed by respondents No.1 to 3 construction work of aforesaid road stands completed in the year 1998, as is evident from the copies of measurement book placed on record by respondents No.1 to 3 alongwith their reply (Annexure R-1 colly). Since, other similarly situate persons received due amount of compensation on account of use of their land for the construction of road in question, petitioner also filed various representations to the Department to pay him compensation, but since no action ever came to be taken at the behest of the respondents-State qua the prayer made on behalf of the petitioner, he was compelled to approach this Court in the instant proceedings, praying therein for the reliefs, as have been reproduced hereinabove.

3. Having heard learned counsel representing the parties and perused the material adduced on record, this Court finds that there is no dispute inter-se parties as far as use of land of the petitioner for the construction of road in question, is concerned. Respondents No.1 to 3 in their reply though have made an attempt to make out a case that no land belonging to the petitioner ever came to be utilized for the purpose of construction of road in question, but if their reply is read in its entire- ty, it stands virtually admitted that 315 Sq.meter of land was utilized for the construction of road in question. Aforesaid respondents in their reply have stated that road in question was constructed on the persistent demand of the inhabitants of the area as they were willing to have road facility in order to connect with the main National Highway and also to have their agricultural produce marketed at different destination in the country. Respondents No.1 to 3 have further stated that land owners including the predecessor of the petitioner had voluntarily surrendered their land in their favour, but no formal deeds were executed and as such, petitioner is not entitled to any compensation qua the land, if any, used by the respondents for the construction of the road in question. Besides above, respondents have also stated in their reply that since 1998 onwards neither predecessor of the petitioner nor the petitioner raised any objections or any demand with respect to payment of compensation and as such, present petition deserves outright rejection on the ground of inordinate delay of more than 20 years.

4. Respondent No.4, Land Acquisition Officer, HPPWD, has filed its separate reply, perusal whereof reveals that the petitioner is the coowner of the land bearing Khasra No.955, Khewat No.41/42, Khatauni No.1366/135min, situate in Mohal Shaneri, Tehsil Rampur, Distri