HEM RAJ MEHTA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioners' land became utilized by the respondents concerned, for the purpose of construction of road nomenclatured as Udho-Niwas-Jakhar-Bartu Road. The utilization of the petitioners' land, as, comprised in Khasra No. 610 and 603, situated in Patwar Circle Jakhar, Mohal Jakhar, Tehsil Rohru, District Shimla, H.P. , has occurred in the year 1996-97.

(2.) Though, the respondents in their reply meted to the writ petition, have not contested the factum of utilization by them, of writ khasra numbers, as owned by the petitioners. However, they contended, that the writ petition is hit by vices of delay, and, laches, as, it has been preferred in the year 2019, despite the utilization of their land for the purpose supra, by the respondents, occurring in the year 1996-97.

(3.) The learned counsel appearing for the petitioner, has contended with much vigour, before this Court, that the petitioners, did not mete their implied or scribed consent, to the respondents, for their land being utilized, for the afore road construction activity, rather without any compensation becoming determined, vis-a-vis, them, through proceedings drawn under the Land Acquisition Act.