Himachal Pradesh High Court
Lekh Ram And Others vs State Of Himachal Pradesh And Others on 10 October, 2023
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 2422 of 2023
.
Decided on : 10.10.2023
Lekh Ram and others ....Petitioners.
Versus
State of Himachal Pradesh and others ...Respondents.
Coram
of
The Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting?1
For the petitioners : Mr. Jagan Nath, Advocate.
rt
For the respondents : M/s Rupinder Singh and
Pushpender Jaswal, Additional
Advocate Generals with M/s
Ranjana Patial and Sumit
Sharma, Deputy Advocate
Generals and Rajat Chauhan,
Law Officer.
Ajay Mohan Goel, Judge (Oral)
The grievance of the petitioners herein is that in the course of the construction of "Dehar to Triphalghat Road"
in the year 1979-80, though their land comprised in Khewat No. 38/33 min, Khatouni No. 46/41 min, Khasra No. 14, measuring 00-14-03 bighas, Khasra No. 198, measuring 01- 15-03 bighas and Khewat No. 41/36 min, Khatauni No. 49/44 min, Khasra No. 199, measuring 00-15-03 bighas, situated at Mohal Behna, Sub-Tehsil Dehar, District Mandi, 1 Whether reporters of the local papers may be allowed to see the judgment?::: Downloaded on - 10/10/2023 20:35:22 :::CIS 2
H.P., was utilized but till date no compensation has been paid to them.
.
2. The stand of the State is that the road in question was constructed on the persistent demand of the people of the area and persons including the petitioners as well as their predecessors-in-interest voluntarily came forward to offer of land freely for the purpose of construction of said road.
3. Having heard learned counsel for the parties, as it rt is not in dispute that the land of the petitioners indeed has been utilized by the State for the purpose of construction of road in issue and as the stand of the State that the land was voluntarily given to the State either by the petitioners or their predecessors-in-interest has not been substantiated by placing any cogent material on record, therefore, this petition deserves to be allowed.
4. At this stage, learned counsel for the petitioners has submitted that the Hon'ble Coordinate Bench of this Court in CWP No. 2948 of 2023, titled as Manbhari & Ors., vs. State of H.P. & Ors., decided on 19.09.2023, has been pleased to allow the writ petition filed by a person similarly situated as the present petitioners, whose land was also ::: Downloaded on - 10/10/2023 20:35:22 :::CIS 3 acquired for the purpose of the construction of the same stretch of road. This fact could not be disputed by the State.
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5. Accordingly, this writ petition is disposed of with the observation that the directions as has been passed by the Hon'ble Coordinate Bench in CWP 2948 of 2023 (supra) shall be read to have been passed mutatis mutandis in the present of petition also and the respondents are directed to initiate proceedings to acquire the land of the petitioner within a rt period of four weeks from today and complete the process, as expeditiously as possible, and preferably within a period of two months from today.
6. Pending miscellaneous application(s), if any, also stand disposed of.
(Ajay Mohan Goel)
October 10, 2023 Judge
(narender)
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