Himachal Pradesh High Court
State Of Himachal Pradesh And Others vs Sh. Balwant Singh And Others on 26 April, 2023
Bench: Tarlok Singh Chauhan, Virender Singh
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA LPA No.41 of 2019 .
Decided on: 26th April, 2023 __________________________________________________________ State of Himachal Pradesh and others ....Appellants Versus Sh. Balwant Singh and others ......Respondents Coram The Hon'ble Mr. Justice Tarlok Singh Chauhan, Acting Chief Justice The Hon'ble Mr. Justice Virender Singh, Judge 1 Whether approved for reporting? No For the appellants: Mr. Anup Rattan, Advocate General with Mr. Ramakant Sharma & Ms. Sharmila Patial, Additional Advocates General, Ms. Priyanka Chauhan & Mr. Arsh Rattan, Deputy Advocates General and Mr. Rajat Chauhan, Law Officer.
For the respondents: Mr. Chandranarayana Singh and Mr. Devender Sharma, Advocates.
Tarlok Singh Chauhan, Acting Chief Justice (oral) The instant appeal is directed against the judgment rendered by the learned Writ Court whereby it held the respondents to be entitled to compensation for the land through 1 Whether reporters of Local Papers may be allowed to see the judgment?
::: Downloaded on - 28/04/2023 20:33:46 :::CIS -2-which the road has been constructed under the Pradhan Mantri Gramin Sadak Yojna (for short 'PMGSY') without payment of .
compensation.
2. The facts are not in dispute that a link road, namely, Jhiknipul-Bamta was constructed through Khasra Nos.966/1/1, 883/1, 883/2, 928/860, 925/858, 929/860, 931/861, 933/863, 867, 868, 880, 957/883, 831, 891/832, 883/13, 934/871, 934/871, 936/871, 883/11, 937/871, 869, 870, 836, 958/883, 963/883, 939/871, 959/883, 939/871, 959/883, 932/863, 834, 938/871, 892/832, 833, 835, 935/871, 874/1, 926/859, 932/863, 864, 866, Kitas 39, total land measuring 724-16 Bighas, situate in Revenue Village Barola; 822/698, 698/30/1, Kitas 2, total land measuring 11-5 Bighas situate in Revenue Village Naar; 696, 697, 727, 728, 702/1, Min. 702/2, 733, 738/1, 736, 706, 738/1, 736, 706, 738/2, 701, 704, 826/7, 709, 695, 745, 699, 684, 841/826, 735, 688, 744, 747, 694, 732, 734, 730, 729, 703, 731, 739, 740, Kitas 34, total land measuring 62-8 Bigha, situate in Venue Village Bamta and Khasra Nos.22, 23, 24, 34, 34/1, 35, 53, 54, 112/13, 112/119/1, 112/35, 112/19, 112/20, 112/36, 55, Kitas 15 total land measuring 54-16 Bighas, situate in Revenue Village Ghuria, Tehsil Chopal, ::: Downloaded on - 28/04/2023 20:33:46 :::CIS -3- District Shimla, H.P. and belong to the respondents.
3. As observed above, the learned Writ Court allowed .
the petition by passing the order in the following terms:-
"7. Under these circumstances, petition is allowed and the respondents directed to initiate proceedings for acquisition of the land in terms of communications dated 27.7.2005 (Annexure P-1), dated 30.10.2013 (Annexure P-4) and dated 19.7.2014 (Annexure P-5). Steps shall positively be taken within a period of twelve weeks from today."
4. During the course of hearing of the appeal, one of the moot questions arose as to whether a person(s) whose land(s) has/ have been utilized for construction of road under 'PMGSY' is/are entitled to compensation and upon noticing the conflicting opinions, the issue was referred to Hon'ble Larger Bench for authoritative pronouncement in LPA No.33 of 2021, titled as State of Himachal Pradesh and others Versus Sita Ram Sharma.
5. Now, the Hon'ble Larger Bench of this Court, vide its ::: Downloaded on - 28/04/2023 20:33:46 :::CIS -4- order dated 30.03.2022, has answered the question in the affirmative and held that the person(s) whose land(s) has/have .
been utilized for construction of road under 'PMGSY' is entitled to compensation unless it is proved to the satisfaction of the Court that the land was voluntarily donated or given by him willingly with free will and consent for construction of such road.
6. Obviously, in such circumstances, no exception can be taken to the judgment rendered by the learned Writ Court, which is in tune with the judgment rendered by the Hon'ble Larger Bench.
7. In view of the above, the appeal is dismissed, so also pending application(s), if any.
(Tarlok Singh Chauhan) Acting Chief Justice (Virender Singh) Judge April 26, 2023 (Bhardwaj) ::: Downloaded on - 28/04/2023 20:33:46 :::CIS