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Neutral Citation No. ( 2025:HHC:46515 )

IN THE HIGH COURT OF HIMACHAL PRADESH,

SHIMLA

LPA No. 932 of 2025

Decided on: 31.12.2025

State of H.P. and others o ...Appellants.

Versus

Anuradha and another ....Respondents.

Coram: r

The Hon'ble Mr. Justice G.S. Sandhawalia, Chief Justice.

The Hon’ble Mr. Justice Jiya Lal Bhardwaj, Judge.

Whether approved for reporting?

For the Appellants: Ms. Priyanka Chauhan, Deputy

Advocate General.

For the respondents: Ms. Shashi Kiran, Advocate.

G.S. Sandhawalia, Chief Justice

In the present Appeal, consideration is sought by

the State against the judgment passed by the learned

Single Judge in CWP No.3558/2020 titled Anuradha and

another Vs. State of HP and others dated 01.10.2024,

whereby directions have been issued to the respondents to

conduct demarcation of the subject land in accordance with

law within four weeks and on demarcation, in case the land

of the petitioner is found to have been utilized for the

construction of the road in question, the acquisition

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proceedings shall be initiated in respect of such land within

eight weeks and be completed within one year thereafter.

2. As per the pleadings of the writ petitioners/land

owners, their land as per jamabandi fell in Mohal Baryudi

Tehsil Pachhad District Sirmaur, H.fP. which had been

utilized for the construction of the road, namely, “Maryog-

Lana-Kasar-Wasni Road” in the year 1986. The possession

of the land had been taken and acquisition proceedings had

been initiated but grant of compensation had been made to

other land owners of the land who were similarly situated.

However, no compensation had been granted to the

petitioners. Reliance had been placed upon CWP No. 8501

of 2013, titled Ravinder and others vs. State of HP and

others decided on 13.08.2014, whereby directions had

H been issued to grant compensation. Reference was also

made to Award No. 02 of 2019 dated 21.01.2019, (Annexure

P-4) in relation to the acquisition of the land for the public

purpose regarding other villages for the construction of the

“Maryog-Kotla-Baryudi” road falling in Tehsil Pachhad,

District Sirmaur, HP. The reading of the Award would show

that it had been passed for 3-11 bighas of land in favour of

the predecessor-in-interest of the petitioners who was also

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present in that proceedings, namely Laxmi Nand.

Apparently, on account of the land along with the land of

the other land owners as such the petitioners were agitating

for their grievances and award had been made to them and

compensation had also been paid fofr the land falling in

khasra No. 448/10/1 (0-13 biswas), 449/10/1 (0-12 biswas),

451/19/1 (1-10 Bigha), 507/22/1 (0-5 Biswas) and 463/413/1

(0-13 Biswas) Kitas-5 total measuring 3-11 bighas situated

in village Baryudi, Tehsil Pachhad, District Sirmour, HP

whereas their claim was also for the land falling in khata

No. 2 min/2, khataui No. 2 min/2.3.37 min, 41 min, 42, 48,

khasra No. 264, khata No. 4 min/5 khatauni No. 6 min/6,

khasra No. 257, khata No. 2 min/2.3.37 min 41, min 42, 48,

khasra No. 448, khata No. 2 min/2, khatauni No. 2

H min/2.3.37, min 41, min 42, 48 khasra No. 577/441 as per

the jamabandi for the year 2018-19. Thus, apparently, it

had been utilized for which no competition had been

granted.

3. The State in its reply had only objected to the

delay as such that the construction was done in the year

1988-89 and the present petition was filed after 32 years

and there was acquiescence as such on the part of the land

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owners and there was verbal consent. There is also

admission that the petitioners were only recorded land

owners but factually the land belonged to the State which

was surrendered by their predecessor-in-interest which has

not been clarified by the State in anfy manner regarding

other Award which was passed vide which compensation

was also granted to Laxmi Nand predecessor-in-interest of

the present petitioners whose pr