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2025 Supreme(HP) 967

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE SANDEEP SHARMA
Ganesh Dutt – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocate Appeared:
For the Appellant :Mr. Sudhir Thakur, Senior Advocate, with Mr. Somesh Sharma, Advocate.
For the Respondents:Mr. Rajan Kahol, Mr. Vishal Panwar, Mr. B.C.Verma, Additional Advocates General & Mr. Ravi Chauhan, Mr. Rajinder Thakur, CGC

JUDGMENT :

Sandeep Sharma, J.

Petitioners herein are compelled to approach this Court in the instant proceedings on account of the fact that though respondents used their land comprised in Khasra No.230, 241, 240 146, 159/1, 141 and 128 in Mauza Shihardi Chamara and in Khasra No.41, 51 and 59 of Mauza Sihardi Kolian, Tehsil Kasauli, District Solan, Himachal Pradesh, for construction of link road from ‘Dharampur Senior Secondary School to Shihardi Chamara, Shiharadi Kolian, Tehsil Kasauli, District Solan, Himachal Pradesh’ and laying of water pipelines alongside the road, however, fact remains that till date, no compensation has been paid and as such, petitioners have approached this Court in the instant proceedings filed under Article 226 of the Constitution of India, praying therein for following main relief:-

“i. By issuing writ of mandamus or a writ of similar nature directing the respondents to stop laying down of the water pipelines nearby houses of the petitioners village and to seek another option for laying pipes on other spots as suggested by villagers.

ii. By issuing writ of mandamus or a writ of similar nature directing the respondents to acquire the land of the petitioner s

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