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2023 Supreme(HP) 109

SABINA, SATYEN VAIDYA
State of H. P. – Appellant
Versus
Hem Raj Mehta – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Pranay Pratap Singh.
For the Respondent: Nishant Khidtta.

JUDGMENT :

SATYEN VAIDYA, J.

1. By way of instant appeal, the appellants have assailed judgment dated 23.9.2021, passed by learned Single Judge in CWP No. 74 of 2019.

2. Brief facts necessary for adjudication of appeal are that the appellants-State constructed road named as ‘Udho-Niwas-Jakhar-Bartu’ in the year 1995-96. Acquisition proceedings to acquire some of the land utilized for construction of above noted road was undertaken and the compensation was offered vide award dated 24.11.1997. A part of the land utilized for aforesaid road remained without acquisition and consequently owners of such land were not paid any compensation. On 4.9.2014, another award came to be passed in respect of a part of the land utilized for the aforesaid road.

3. The grievance of the respondents is that their land comprised in Khasra Nos. 610 and 603 situate in Patwar circle Jakhar, Mohal Jakhar, Tehsil Rohru, District Shimla was also utilized by the appellants No. 1 and 2 for construction of the above named road, but no acquisition was undertaken in respect of their land and the compensation was not paid to them either in terms of award dated 24.11.1997 or award dated 4.9.2014.

4. The respondents approa

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