JUDGMENT :

SURESHWAR THAKUR, J.

1. For utilization of land of the writ petitioners, by the respondents, for construction of “Shilla-Naya Gatta Mandwach Road”, and, that too without payment of compensation to them, has, led, the writ petitioners to approach this Court. Consequently, they seek a mandamus being rendered, upon, the respondent to draw proceedings under the relevant Act, and, to determine compensation, vis-a-vis, the lands utilized by them for construction of the road, nomenclatured, as, “Shilla-Naya Gatta Mandwach Road”.

2. The respondents, in the reply, meted to the writ petition, did not contest, the factum of the lands of the writ petitioners, except petitioners No. 3 & 9, as occurring in khasra numbers 5518, 895, 5270, 963, 1027, 848 and 5271, being utilized for construction of “Shilla-Naya Gatta Mandwach Road”. However, the respondents contended that the utilization of lands of the afore petitioners, for the afore purpose, was in the late sixties. They further contend that since there is an immense delay, since then, and, upto now, thereupon, the bar of delay, and, latches, and, consequent thereof estopping principles of waiver, and, abandonments rather baulk this Cou