IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

CWP No.206 of 2024 Decided on: 23.12.2024 _______________________________________________________________ Harbhajan Singh and Others ………..Petitioners Versus State of Himachal Pradesh and Others ….Respondents _______________________________________________________________

Coram:

Hon’ble Mr. Justice Sandeep Sharma, Judge.

Whether approved for reporting? ¹ For the Petitioners : Mr. Ishan Sharma, 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 Khewat No.221 min/205 Khatouni No.222 min/206 Khasra No.597 measuring 03-09-00 bighas situate at Hadbast No.221, Patwar Circle Bhatauli Kalan, Tehsil Baddi, District Solan, Himachal Pradesh, for construction of road namely “Barotiwala Baddi Sai Ramshehar”, 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 respondents may be directed to acquire the land of petitioners measuring 00-18 biswas underneath the road leading from Baddi to Barotiwala in Hadbast No. 221, Tehsi Baddi, District Solan (HP) which is part of the land owned and possessed by petitioners comprised in Khewat No. 221 min/205 Khatouni No.222 min/206 Khasra No. 597 measuring 03-09/00 bighas situate in Patwar Circle Bhatauli Kalan, Tehsil Baddi, District Solan (HP) as per Jamabandi for the year 2017-18 (Annexure P-1) within a time bound period by issuing appropriate notification as per law and suitable compensation for such compulsory acquisition as per the shares of the petitioners alongwith other admissible benefits including solatium and interest etc. may be ordered to be paid to them forthwith.”

2. Pursuant to notices issued in the instant proceedings, respondents have filed reply under the signatures of Superintending Engineer, 3^rd Circle, Himachal Pradesh Public Works Department, Solan, 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 “Barotiwala Baddi Sai Ramshehar” was constructed between 1971-82 with verbal consent of the petitioners and continuous demand of habitants residing near the alignment of road. It is further averred in the reply that administrative approval was given by the Government of Himachal Pradesh on 24.07.1971 and the road was constructed between 1972-82 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 persistent demand 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. Ishan Sharma, learned counsel representing the petitioners, while making this Court peruse pleadi