JAI RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) Heard and gone through the record.

(2.) Petitioner is aggrieved by the action of the respondents in constructing a motorable road on portions of his land, comprised in Khasra Nos. 11, 37, 38, 40 and 41, which are owned and possessed by him, as per Jamabandi for the year 2004-05. His contention is that portions of the above described Khasra numbers, which are owned and possessed by him, have been utilized in the construction of road from Kao to Mendhi, without paying any compensation to him and also without obtaining his consent. According to petitioner, as a matter of fact, he had raised a loan of rupees one lac from H.P. State Agricultural Cooperative Land Development Bank for the development of land comprised in aforesaid Khasra numbers and the loan is still outstanding. He has sought issuance of a writ of mandamus, directing the respondents to start legal process for the acquisition of the land, under the provisions of Land Acquisition Act, 1894, and to pay compensation for the land, already utilized.

(3.) Respondents, in their reply, have not denied that the petitioner is the owner of the above said Khasra numbers. Their plea is that the road has been constructed under Pardhan Mantri Gramin Sarak Yojna (PGSMY) and that the petitioner did not raise any objection at the time, when road was being constructed and, so, the petition is not maintainable.