JUDGMENT :

LPA No.33 of 2021

This matter has been referred to the Larger Bench by order dated 5th April, 2021, in view of the conflict of opinion between judgment dated 8th August, 2017, passed by the Division Bench of this Court in LPA No.79 of 2017, titled as State of H.P. & others Versus Bhoop Ram and another set of two judgments passed in LPA No.93 of 2017, titled as State of H.P. & ors. Versus Dalip Singh, decided on 28.11.2019 and LPA No.12 of 2019, titled as State of H.P. & others Versus Laiq Ram Dogra, decided on 23.03.2021. The learned Division Bench has formulated the following question for being answered by the Larger Bench:-

“Whether a persons whose lands has been utilized for construction of road under ‘PMGSY’ is entitled to compensation?”

2. We have heard Mr. Ashok Sharma, learned Advocate General for the appellant-State and Mr. C.N. Singh, learned counsel for the respondent-petitioner.

3. Mr. Ashok Sharma, learned Advocate General has argued that the land of the petitioner was utilized for construction of jeapable road in the year 2000-2001 at Muhal Basmol, Development Block Theog. The suit land falls at RD 3/270 to 3/370 and 3/465 to 3/550. The cutting work through said