IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

CWP No.7876 of 2024 Decided on: 17.12.2024 _________________________________________________________________

Sita Ram and Anr. ………..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. Sanjay Bhardwaj, Advocate.

For the Respondents : Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General.

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Sandeep Sharma, Judge (oral):

Since despite utilization of land of the petitioners for the construction of road namely, Jabal to Jai Nagar via Ukhoo, no steps are being taken by the respondents for acquisition of their land and no compensation has been paid to them, petitioners are compelled to approach this Court in the instant proceedings filed under Article 226 of the Constitution of India, praying therein for the following main relief:

“It is, therefore, respectfully prayed that this petition may kindly be allowed throughout with cost and Writ of Mandamus may kindly be issued thereby directing the respondents to initiate the acquisition proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in a time bound manner for

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

acquiring the land of the petitioners comprised in Khewat/Khatoni No. 46 min/54 min, Khasra No. 203, measuring 4-12-00 Bighas, situated at Mohal Sunli Rug, Hadbast Number 126, Patwar Circle Jainagar, Tehsil Ramshehar, District Solan, H.P., which is utilized by them for the construction of road from 'Jabal to Jai Nagar via Ukhoo' Tehsil Ramshehar, (earlier Nalagarh), District Solan, in the year 2005 and pay the compensation to the petitioners and other benefits including payment of damages of the land illegally utilized since 2005 till the compensation is awarded in their favour after summoning the record of the respondents and justice be done.”

2 Precisely, the facts of the case as emerge from the record are that the land of the petitioners comprised in Khewat/Khatoni No. 46 min/54 min, Khasra No. 203, measuring 4-12-00 Bighas, situate at Mohal Sunli Rug, Hadbast Number 126, Patwar Circle Jainagar, Tehsil Ramshehar, District Solan, H.P., came to be utilized for the construction of road from “Jabal to Jai Nagar via Ukhoo” in the year 2005, but since respondents failed to initiate acquisition proceedings and no compensation was paid to the petitioners, they have approached this Court in the instant proceedings, seeking therein direction to the respondents to initiate acquisition proceedings and pay them adequate compensation.

3 Pursuant to notices issued in the instant proceedings, respondents have filed the reply, wherein facts, as have been noticed herein above, are not in dispute, rather stand duly admitted. Precisely, the claim of the petitioners, as has been raised in the petition, has been refuted by the respondents on the ground that present petition is barred by delay and laches and that the land was made available by the petitioners of their own volition with clear-cut understanding that they would not seek any compensation. Besides above, it has also been averred in the reply filed by the respondents that the road in question was constructed on the persistent demand of the residents of the area.

4 Mr. Sanjay Bhardwaj, learned counsel representing the petitioner, vehemently argued that once it is not in dispute that the land of the petitioners stands utilized for construction of the road in question, respondents cannot escape from their liability to pay the compensation after initiation of the proceedings in terms of provisions contained in the Land Acquisition Act. He further submitted that there is nothi