Himachal Pradesh High Court
Nika Ram & Others vs State Of H.P. & Others on 29 April, 2015
Bench: Sanjay Karol, P.S. Rana
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
CWP No. 650 of 2015
Decided on: 29.4.2015
.
Nika Ram & others. ....Petitioners
versus
State of H.P. & others. ....Respondents.
___________________________________________________________
Coram
The Hon'ble Mr. Justice Sanjay Karol, Judge.
The Hon'ble Mr. Justice P.S. Rana, Judge.
Whether approved for reporting or not?1 No
For the petitioners: Mr. A.S. Rana, Advocate.
For the respondents :
r Mr. Shrawan Dogra, Advocate
General with Mr. Ashok Chaudhary
and Mr. V.S. Chauhan, Additional
Advocates General.
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Sanjay Karol, Judge (Oral)
Petitioners have approached this Court with the following reliefs:-
"It is, therefore, respectfully prayed that this petition may kindly be allowed with costs and the writ in the nature of mandamus may kindly be issued directing the respondents to acquire the land of the petitioners in accordance with the provisions of Land Acquisition Act, 1894 and pay them the compensation of the land un- authorizedly utilized for the construction of road within a time bound directions to complete acquisition proceedings and further also direct the 1 Whether local reporters` of the newspapers are allowed to see the judgment?::: Downloaded on - 15/04/2017 18:04:42 :::HCHP 2
respondents to pay the use and occupation charges of the land utilized after taking illegal possession from the petitioners to them and .
justice be done.
Such other writ, order or directions as may deem just and proper may also be passed while allowing the writ petition and justice be done."
2. Petitioners further contend that revenue record continues to reflect them to be owner in possession of the land in question.
3. On the other hand, it is contended by the respondent-State that actual possession of the land in question was taken over by the State way back in the year 2006. This was so done for completion of construction of link road to village Lunas under the Pradhan Mantri Gramin Sadak Yojna. The proposal was mooted in the year 2001/2003, on popular demand of people of the area. Only when the villagers voluntarily surrendered possession of their land, State made budgetary provision and commenced with the construction of the said road. The road stood constructed immediately upon taking over of possession and the petition is barred by delay and latches. These facts are seriously disputed by the petitioners.
::: Downloaded on - 15/04/2017 18:04:42 :::HCHP 34. In view of the disputed questions of fact, which cannot be adjudicated in this petition, we are of the considered view that petitioners have equally efficacious .
alternative remedy. As such, petition is disposed of, reserving liberty to the petitioners of taking recourse to such remedies as may be so advised and are available to them. Pending applications, if any, also stand disposed of.
r to (Sanjay Karol)
Judge
29th April, 2015 (P.S. Rana)
(kck) Judge
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