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2024 Supreme(HP) 361

IN  THE  HIGH  COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Ram Prakash – Appellant
Versus
State of HP – Respondent


Advocates Appeared:
For the Petitioner:Mr. Sanjay Bhardwaj and Ms. Dhanwanti, Advocates
For the Respondent:Mr. Anup Rattan, Advocate General, with Mr. B.C Verma, & Mr. Rajan Kahol, Additional Advocate Generals.

Table of Content
1. common factual background and grievances. (Para 1 , 2)
2. arguments regarding consent and delay in claims. (Para 3 , 4 , 5)
3. court's observations on legal rights and entitlements. (Para 6 , 9 , 11)
4. establishment of the ratio decidendi on delayed claims. (Para 7 , 8)
5. conclusion on compensation and authority obligations. (Para 10 , 12 , 13 , 14)

JUDGMENT :

Sandeep Sharma, J.

Since common questions of facts and law are involved in all the above captioned cases, coupled with the fact that similar relief has been claimed, all these matters were heard together and are now being disposed of vide this common order.

2. Petitioners, in all the above captioned cases, are aggrieved on account of non-payment of compensation qua their land used for construction of road namely Jabal to Jai Nagar via Ukhoo, Tehsil Ramshehar, District Solan. In year 1994 respondent/ State constructed aforesaid road using land of the petitioners, but without initiating proceedings for acquisition of land under Land Acquisition Act, 1894 (herein after to be referred as “Act”), as a result whereof, no compensation has been paid to the petitioners till date. Since despite repeated requests, responde

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