IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

CWP No.1449 of 2019 Decided on: 26.12.2024 _______________________________________________________________ Raju @ Rajinder Singh ………..Petitioner Versus State of Himachal Pradesh and Others ….Respondents _______________________________________________________________

Coram:

Hon’ble Mr. Justice Sandeep Sharma, Judge.

Whether approved for reporting? ¹ For the Petitioner : Mr. J.L. Bhardwaj, Senior Advocate, with Ms. Dhanvanti Devi, Advocate.

For the Respondents : Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General.

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Sandeep Sharma, Judge (oral):

Petitioner herein is compelled to approach this Court in the instant proceedings on account of the fact that though respondents used his land comprised in Khewat/Khatauni No.23/38, Khasra No.630, measuring 00-00- 88 hectare situate in Mohal Gumma, Tehsil Kotkhai, District Shimla, Himachal Pradesh, for construction of road namely “Gumma-Bakhol”, however, fact remains that till date, no compensation has been paid. Since despite repeated requests, respondents failed to initiate appropriate proceeding under the Land Acquisition Act, petitioner has approached this Court in the instant proceedings filed under Article 226 of the Constitution of India, praying therein for following main relief:-

1 Whether the reporters of the local papers may be allowed to see the judgment?

“It is, therefore, respectfully prayed that this petition may kindly be allowed throughout with cost and the respondents may kindly be directed to initiate the acquisition proceedings for acquiring the land of the petitioner utilized for the construction of road as envisaged under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, in a time bound manner and pay the compensation to the petitioner and other benefits including payment of damages of the land illegally utilized since 2005 till the compensation is awarded and paid in favour after summoning the record of the respondents and justice be done.”

2. Pursuant to notices issued in the instant proceedings, respondents have filed reply under the signatures of Superintending Engineer, 14^th Circle, Himachal Pradesh Public Works Department, Rohru, wherein they have denied the plea raised by petitioner that their land stands utilized for construction of road, as detailed hereinabove and attempt has also been made to defeat the claim of the petitioner on the ground of delay and laches.

3. It is averred in the reply that as per joint inspection conducted by PWD and Patwari/Kanungo, road in question is not passing through the Khasra number owned by petitioner. It is further stated in the reply that petitioner has raised highly disputed question of facts and law, which cannot be adjudicated in the instant proceedings and since efficacious remedy for redressal of his grievance is Civil Court, petitioner herein is estopped from claiming compensation qua the land in question in the instant proceedings.

4. Having heard learned counsel for the parties and perused the material available on record, this Court finds that precisely the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. J.L. Bhardwaj, learned Senior Counsel representing is that land of the petitioner comprised in Khasra No.822, measuring 0-05-98 hectare, has been acquired, whereas Khasra No.630 has been excluded/left out, even though portion of land from both the Khasra numbers have been utilized for the construction of road. Mr. Bhardwaj, learned Senior Counsel, while making this Court peruse pleadings adduced on record by respective parties vehemently argued that petitioner is continuously requesting respondents to initiate acquisition proceedings and pay adequate compensation, but in vain.

5. Mr. Vishal Panwar, learned Additional Advocate General, while making this Court peruse pleadings adduce