JUDGMENT :

S. RAVINDRA BHAT, J.

1. Delay condoned and leave granted. With consent of counsel for the parties, the appeal was heard finally. The appellants are aggrieved by final judgment¹[Dated 12.09.2013 in CWP No. 7873/2011.] of the High Court of Himachal Pradesh at Shimla, disposing their writ petition, with liberty to institute a civil suit in accordance with law.

Facts

2. Sukh Dutt Ratra and Bhagat Ram (hereafter ‘appellants’) claim to be owners of land²[Khasra Nos. 141, 232/142, 143, 144, 145, 281/267, 206/147, 158, 268/149, 282/267, and Khasra Nos. 201/138, 242/146, 209/154, 158, 211/163, 16/172, further Khasra Nos. 50, 51, 89, 278/92, 280/93, and 205/147, 281/267, 151, 152, 283/153, 285/20.] situated at Mauzal Sarol Basach, Tehsil Pachhad, District Sirmaour, Himachal Pradesh (hereafter ‘subject land’). The Respondent-State utilised the subject land and adjoining lands for the construction of the ‘Narag Fagla Road’ in 1972-73, but allegedly no land acquisition proceedings were initiated, nor compensation given to the appellants or owners of the adjoining land.

3. Pursuant to a judgment by the Himachal Pradesh High Court³[In Devender Singh & Ors. v. State of Himachal Pradesh CWP N