State cannot utilize private land for roads without due process and compensation; unsubstantiated oral consent rejected; welfare state barred from adverse possession; concurrent findings upheld absent substantial question of law.

The present appeal arises out of the judgment dated 26.04.203, passed by learned District Judge, Bilaspur, District Bilaspur, H.P. in Civil Appeal No. 19/13 of 2022, whereby the judgment dated 01.01.2021 passed by learned Civil Judge, Bilaspur in Civil Suit No. 265-1 of 2015 has been affirmed.

2. The brief facts of the case are that the respondents/plaintiffs filed a suit for declaration and mandatory injunction on the ground that they are the owners of the suit land comprising in Khata Khatoni No. 38min/47, Khasra No. 417, measuring 2-06 bighas situated at Village Lag, Pargana Rattanpur, Tehsil Sadar, District Bilaspur, H.P .

3. Appellants/defendants utilized the land of the respondents/plaintiffs for construction of link road namely Deoth Lag Ghat-Jamli in 1987 and assured the respondents/plaintiffs that compensation upon initiating the acquisition proceedings under the Land Acquisition Act will be paid to the respondents/plaintiffs. It was further averred that land of the other similar situated persons namely, Surjan Singh and Chet Ram were acquired vide Award No. 1 of 1981, after the construction of the above said road and when the plaintiff approached the defendants/ appellants for obtaining the compensation, no action was taken by the appellants/defendants and the respondents/plaintiffs were restrained by issuing notice under Section 80 of CPC. Though, assurance was given to the respondents/ plaintiffs to compensate them, but till date, no compensation amount has been paid, therefore, the respondents/ plaintiffs are entitled for the possession of the land, which was utilized for the constructing of road illegally and unathorisedly and further they are entitled for mandatory injunction by passing a decree directing the defendants to hand over the vacant possession to its original nature.

4. Suit was contested by the appellants/ defendants on the ground of maintainability, estoppel, cause of action etc. On merits, it was averred that the appellants/defendants have constructed Deoth- Lag Ghat- Jamli link road with the consent of the respondents/plaintiffs and have not given any assurance to the respondents/ plaintiffs to pay any kind of compensation.

5. The learned Trial Court framed the following issues on 30th of March, 2017 in the following manner:-

1. Whether the plaintiffs are entitled for a decree of declaration, as prayed for ? OPP

2. Whether the plaintiffs are entitled for a decree of mandatory injunction directing the defendants to acquire the suit land, in case of non acquisition of the suit land, as prayed for ? OPP

3. Whether the plaintiffs are entitled for a decree of vacant possession of the suit land by restoring the same to its original nature ? OPP

4. Relief.

6. The parties were directed to adduce evidence in support of their contentions and vide its judgment and decree dated 01.01.2021, learned Civil Judge, Bilaspur, District Bilaspur, H.P. partly decreed the suit of the respondents/ plaintiffs and declared the respondents/plaintiffs to be owners of the suit land and further decree of mandatory injunction was also passed directing the appellants/ defendants to acquire the suit land by initiating acquisition proceedings forthwith.

7. Feeling dissatisfied, the appellants/ defendants preferred an appeal before the learned District Judge, Bilaspur, H.P. The learned First Appellate Court vide