SUKHDEV Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioners seek direction to the respondents to compensate them for acquisition of their land comprised in khasra Nos. 159 and 161/1 measuring 0/4/23 hectares and 0/1/78 hectares respectively, situated in Mohal Badwal, Sub Tehsil Kangu, Distt. Hamirpur.

(2.) The case of the petitioners is that they are owners in possession of the aforesaid land. The land has been utilized by the respondents for construction/widening of Jullundhar- Hoshiarpur-Amb-Nadaun-Pakka Bharo-Mandi road. The land was utilized without the consent of the petitioners and no compensation till date has been paid to them in lieu thereof.

(3.) Learned counsel for the petitioners pressed into service Annexure P-3, which is rapat roznamcha No. 305, dated 6. 3.2010 made by Patwari, Patwar Circle Naunghi, Tehsil Kangu, District Hamirpur to the effect that notification under Sec. 4 of the Land Acquisition Act with respect to the above described land was proposed to be issued on 7/7/2009. The grievance of the petitioners is that subsequently no follow-up action in that regard and in accordance with law was taken by the respondents though valuable land of the petitioners was utilized by them. It has further been submitted that the road in question i.e. NH 70 now overlaps with NH 88 i.e. Shimla-Mataur road from Pakka Bharo to Nadaun, which has been handed over to National Highway Authority of India i.e. respondents No. 4 and 5.