IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

CWP No.8170 of 2024 Decided on: 24.12.2024 _______________________________________________________________ Narender Singh and Others ………..Petitioners Versus State of Himachal Pradesh and Another ….Respondents _______________________________________________________________

Coram:

Hon’ble Mr. Justice Sandeep Sharma, Judge.

Whether approved for reporting? ¹ For the Petitioners : Mr. Vishal Verma, Advocate.

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

_______________________________________________________________

Sandeep Sharma, Judge (oral):

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.1654 and 1660, measuring 00-10-44 and 00-01-60 hectares, situate at Mohal Mandhol, Tehsil Jubbal, District Shimla, Himachal Pradesh, for construction of road namely “Mandhole Magawta Patsari”, 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, petitioners have 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?

“I. That the appropriate writ order or direction be issued to the respondents for initiating acquisition proceedings in respect to land measuring about 2 bighas used for the construction of road bearing Khasra no 1654 and 1660 measuring 00-10-44 and 00-01-60 hectares situated at Mohal Mandhol, Tehsil Jubbal, District Shimla H.P. used for construction of road between Magawata to Madot Tehsil Jubbal District, 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 petitioners and other benefits including payment of damages of the land illegally utilized since 1985 till the compensation is awarded in their 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 there is no denial to the fact that land of the petitioners stands utilized for construction of road, as detailed herein above, but attempt has been made to defeat the claim of the petitioners on the ground of delay and laches.

3. It is averred in the reply that the road namely “Mandhole Magawta Patsari” was constructed in the year 1985 on the persistent demand of the residents of the area and at that time, no objection, if any, was ever raised by the petitioners and other similarly situate persons and as such, at this stage, the petitioners are estopped from claiming compensation. It has been submitted in the reply that road in question was constructed on the land of the residents of the area with clear cut understanding that no compensation shall be claimed.

4. Having heard learned counsel for the parties and perused the material available on record, this Court finds that precisely the grouse of the petitioners, as has been highlighted in the petition and further canvassed by learned counsel representing the petitioners is that at no point of time, consent, if any, was ever given by petitioners for construction of road on their land without compensation. Mr. Vishal Verma, learned counsel representing the petitioners, while making this Court peruse pleadings adduced on record by respective parties vehemently argued that petitioners have been continuously requesting respondents to initiate acquisition proceedings and pay adequate compensation, but in vain.

5. Mr. Vishal Panwar, learned Additional Advocate General whil