ORDER :

The grievance projected by the petitioner in the instant petition is that land owned by him comprised in Khasra Nos. 180 and 288 situated at Mauja Chalhog, Tehsil and District Shimla has been utilized by the respondents for construction of Ganahatti-Nalhatti-Arki road, however, no compensation in lieu of the same has been paid to him.

2. The case set up by the petitioner is that:-

2(i) A notification under Section 4 of Himachal Pradesh Road Infrastructure (Protection) Act, 2002 was issued by the respondents on 7.12.2006. At serial No. 6 of the notification was the Ganahatti-Arki road for construction of which various parcels of land were to be utilized by the respondents. Khasra Nos. 170, 177, 288 and 180 belonging to Mauza Chalhog figured at serial Nos. 26, 27, 29 and 31 under Ganahatti-Arki road in this notification.

2(ii) The land in question falls in the alignment of the road, however, it has not been acquired. No compensation qua the land utilized by the respondents-State for the construction of road in question was paid to the owners. Khasra Nos. 170 and 177 also falling in the road alignment were co-owned by the petitioner alongwith one Shri Rameshwar Lal. Said Rameshwar