CWP No.7769 of 2024 Decided on: 13.12.2024 _________________________________________________________________

Bharat Singh and Others ………..Petitioners Versus State of Himachal Pradesh and Others ….Respondents _________________________________________________________________

Coram:

Hon’ble Mr. Justice Sandeep Sharma, Judge.

Whether approved for reporting?, [IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.]

For the Petitioners : Mr. Vinod Chauhan, 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, Jamta-Rajban road, 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:

“That the writ of mandamus may kindly be issued directing the respondents to finalize the process of acquisition by acquiring the land of petitioners land comprised in Khasra Numbers: of the petitioners as well as those NO. which the respondent have not acquired as under: 727/707/650/1, 726/707/650/1, 725/707/650/1, 724/707/650/1, 737/35, 20/799/739/35, 820/799/739/35, 38, 36, 37,

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

738/35, 33, 32, 851/779/719/654/65, 851/653/626/65, 702/625/65, 701/625/65, 535/223, 534/223, 561/296, 559/295, 558/295,555/295, 843/278/846/553/284, 585/548/276, 833/688/276, 686/549, 834/588/279, 777/513/145, 777/513/145, 896/647/144, 900/648/144 etc., situated at Mohal Thana Kashoga, Patwar Circle Thana Kashoga, Tehsil Dadahu, District Sirmour, H.P. as per Jamabandi for the year 2018-19, Measuring about per Jamabandi for the year 2018-19, Measuring about 33 Bigha/10 Biswa, used for the construction of road from Jamta to Rajban, in District Sirmaur by awarding the suitable compensation with in their favour.”

2 Precisely, the facts of the case as emerge from the record are that the land of the petitioners comprised in Khasra Nos. 727/707/650/1, 726/707/650/1, 725/707/650/1, 724/707/650/1, 737/35, 20/799/739/35, 820/799/739/35, 38, 36, 37, 738/35, 33, 32, 851/779/719/654/65, 851/653/626/65, 702/625/65, 701/625/65, 535/223, 534/223, 561/296, 559/295, 558/295,555/295, 843/278/846/553/284, 585/548/276, 833/688/276, 686/549, 834/588/279, 777/513/145, 777/513/145, 896/647/144, 900/648/144 etc., situated at Mohal Thana Kashoga, Patwar Circle Thana Kashoga, Tehsil Dadahu, District Sirmour, H.P. as per Jamabandi for the year 2018-19, as measuring about 33 Bigha/10 Biswa, came to be utilized for the construction of “Jamta-Rajban road” constructed in the year 1987, 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 thereafter pay them compensation.

3 Pursuant to notices issued in the instant proceedings, respondents have filed the reply, wherein facts, as have been noticed hereinabove, 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, with clear cut understanding that they shall claim no compensation.

4 Mr. Vi