CHHAJU RAM Vs. STATE OF HP

JUDGEMENT

(1.) This petition is filed by the petitioner for quashing and setting aside notifications issued by the State of Himachal Pradesh under Sections 4 and 6 of the Land Acquisition act, 1894 (hereinafter referred to as "the Act") and to drop proceedings initiated by the respondent -authorities for acquisition of land of the petitioner.

(2.) The case of the petitioner in the petition is that he is owner and in possession of Khasra No. 158 in Mauza Barot, Tehsil Fatehpur, District Kangra, HP. According to the petitioner, there are two public paths on Government land leading to the house of one Narinder Singh Sandhu and his family. On 5th February 1999, the Gram Panchaya, Barot unanimously resolved to acquire land of the petitioner from Khasra No. 158 to provide path to said Narinder Singh Sandhu. It is the allegation of the petitioner that the resolution was not in public interest and the majority of the members did not approve it. Inspite, of that the State, respondent No. 1 herein issued notification under Section 4 of the Act proposing to acquire the land of the petitioner for so called public purpose.

(3.) Objections were invited and they were also filed by the petitioner. It was inter alia contended that the resolution of the Gram Panchayat was not adopted by the majority of members since two paths were already in existence and there was no need to have a public path. Certain affidavits were also filed wherein it was mentioned that their consent was not obtained and they were not ay/are of the resolution of the Gram Panchayat. The land was not proposed o be acquired by the Gram Panchayat. It has been further asserted by the petitioner that no opportunity of being heard was ever afforded to him and the proceedings were not in consonance with law. Ultimately, a notification under section 6 of the Act was issued on 9th January, 2001 and notice under Section 9 was issued on 26th March, 2001.