Welfare state cannot deprive property without due process and compensation for public use like road construction; adverse possession, delay, laches, estoppel unavailable despite long delay as continuing wrong till payment.

JUDGMENT :

Romesh Verma, J.

CMP (M) No. 59 of 2025
The present application has been filed for condonation of delay in filing the present appeal. It has been averred in the application that the judgment and decree as passed by the learned Additional District Judge-I, Mandi, HP is under challenge. Certified copy of the judgment was applied on 13.12.2024, which was attested on 28.12.2025 and delivered on 01.01.2025. Thereafter, the same was received from the District Attorney, Mandi, H.P. and thereafter, it remained pending in different channels and in the said process delay of 174 days has been occurred.
The learned Counsel for the non-applicant has submitted that he has no objection, in case, the present application is allowed.
In view of the averments as made in the application, which is duly supported by an affidavit and keeping in view the fact that the learned counsel for the non-applicants have no objection, in case delay is condoned, the present application is allowed and the delay of 174 days in filing the appeal is condoned.
Application stands disposed off.

RSA No. 80 of 2026
The present appeal arises out of the judgment and decree, dated 12.12.2024 as passed by the learned Additional District Judge-I, Mandi, H.P. camp at Karsog in Civil Appeal No. 11 of 2024, whereby the appeal preferred by the present respondents/plaintiffs has been ordered to be allowed and the Civil Suit No. 26/2017, titled as Smt. Purnu Devi (deceased) through LRS vs. State of H.P. through the Principal Secretary, (PWD) & another filed by them before learned Civil Judge, Karsog, District Mandi, H.P. has been ordered to be decreed. It has been ordered that the respondents/plaintiffs are held entitled for the compensation for the use of suit land for the construction of road known as ‘Karsog- Kunnu Road’ and the defendants are directed to initiate the acquisition proceedings of the suit land and pay appropriate compensation of the same as per law.

2. Brief facts of the case are that the plaintiffs/respondents filed a suit for declaration and mandatory injunction in the Court of learned Civil Judge, Karsog, District Mandi, H.P. on 01.04.2017 on the ground that the land comprised in Khewat No. 37/36, Khatauni No. 77/74, Khasra Nos. 240, 241 and 1051/438, Kitta-3, measuring 03-13-03 bighas, situated in Muha/358, Tehsil Karsog, District Mandi, H.P. which is owned and possessed by the plaintiffs. In the year 1993 to 1998, the defendants had constructed ‘Karsog-Kunnu Road’ and for that purpose, the land owned and possessed by the plaintiffs was utilized without complying with the provision of Land Acquisition Act. In order to ascertain the factual position on the spot, an application was filed before the Tehsildar Karsog for the demarcation of the land in order to ascertain the extent of the utilization by the State. The demarcation was conducted on the spot and report was filed by the Revenue Authority on 21.10.2014. As per the demarcation report the area of the land of plaintiffs i.e. Khasra No. 240, measuring 00-04-02 bigha, Khasra No. 241/1, measuring 00-02-05 bighas, fruit bearing trees i.e. Aadu-3 aged 15, Almonds-4 aged 18, Khurmani-1 age 12, Palams-3 age 18, Apple-5 age 16, were found under the construction of road. Though, an application was filed by the plaintiffs to the defendants to pay the compe