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2018 Supreme(SC) 410

R.K.AGRAWAL, A.M.SAPRE
Shiv Singh – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the Appellants :- Bhagabati Prasad Padhy, Adv.
For the Respondents:- Abhinav Mukerji, Mrs. Bihu Sharma, Ms. Purnima Krishna, Siddharth Garg, Advs.

JUDGMENT

Abhay Manohar Sapre, J.

Leave granted.

2. This appeal is filed against the final judgment and order dated 01.11.2016 passed by the High Court of Himachal Pradesh at Shimla in Writ Petition No. 2159 of 2016 whereby the Division Bench of the High Court dismissed the writ petition filed by the appellants herein wherein the challenge was made to the land acquisition proceedings initiated by the respondent-State for acquisition of the appellants' land.

3. In order to appreciate the issues involved in the appeal, few relevant facts need to be mentioned hereinbelow.

4. The dispute in this case relates to acquisition of the land belonging to the appellants which is sought to be acquired under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "the Act").

5. By notification dated 08.12.2015 issued under Section 11 of the Act, the State of Himachal Pradesh sought to acquire the appellants' land measuring around 1-00-49 Hectares along with the lands of other landowners. The acquisition was for public purpose, namely, "construction of road from Bus Stand Ruhil to Upper Ruhil via Kuper".









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