IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

CWP No.8177 of 2024 Decided on: 10.12.2024 _______________________________________________________________ Sita Ram ………..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. Sanjay Bhardwaj, Advocate.

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

_______________________________________________________________

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/Khatoni No.32 min/36 min, bearing Khasra Nos.201 and 202 measuring 4-09-00 bighas and 2-06-00 bighas, respectively, situate in Mohal Ukhoo, Patwar Circle Ukhoo, Tehsil Ramshehar, District Solan, Himachal Pradesh, for construction of road namely “Ukhoo to Sai via Kurmla” (Chanda Sehal Krishan Pura Kurmala), 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

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

approached this Court in the instant proceedings filed under Article 226 of the Constitution of India, praying therein for 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 acquiring the land of the petitioners comprised in Khewat/Khatoni No.32 min/36 min, bearing Khasra Nos.201 and 202 measuring 4-09-00 bighas and 2-06-00 bighas, respectively, situate in Mohal Ukhoo, Patwar Circle Ukhoo, Tehsil Ramshehar, District Solan, H.P., which is utilized by them for the construction of road from ‘Ukhoo to Sai via Kurmla’ Tehsil Ramshehar, (earlier Nalagarh), District Solan, in the year 2013 and pay the compensation to the petitioner and other benefits including payment of damages of the land illegally utilized since 2013 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, 3^rd Circle, Himachal Pradesh Public Works Department, Solan, wherein there is no denial to the fact that land of the petitioner stands utilized for construction of road, as detailed herein above, but attempt has been made to defeat the claim of the petitioner on the ground of delay and laches.

3. It is averred in the reply that road was constructed in the year 2013 and at that time, no objection, if any, was ever raised by the petitioner and other similarly situate persons and as such, at this stage, the petitioner is 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 petitioner, as has been highlighted in the petition and further canvassed by Mr. Sanjay Bhardwaj, learned counsel representing the petitioner is that at no point of time, consent, if any, was ever given by petitioner for construction of road on his land without compensation. Mr. Bhardwaj, while making this Court peruse pleadings adduced on record by respective parties v