KALYAN SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) For utilization of land of the writ petitioners, by the respondents, for construction of "Shilla-Naya Gatta Mandwach Road", and, that too without payment of compensation to them, has, led, the writ petitioners to approach this Court. Consequently, they seek a mandamus being rendered, upon, the respondent to draw proceedings under the relevant Act, and, to determine compensation, vis-a-vis, the lands utilized by them for construction of the road, nomenclatured, as, "Shilla-Naya Gatta Mandwach Road".

(2.) The respondents, in the reply, meted to the writ petition, did not contest, the factum of the lands of the writ petitioners, except petitioners No. 3 & 9, as occurring in khasra numbers 5518, 895, 5270, 963, 1027, 848 and 5271, being utilized for construction of "Shilla-Naya Gatta Mandwach Road". However, the respondents contended that the utilization of lands of the afore petitioners, for the afore purpose, was in the late sixties. They further contend that since there is an immense delay, since then, and, upto now, thereupon, the bar of delay, and, latches, and, consequent thereof estopping principles of waiver, and, abandonments rather baulk this Court, to grant, the espoused mandamus to the writ petitioners.

(3.) The afore contention, cannot be accepted, as, the Hon'ble Apex Court in a verdict rendered in a case titled as Tukaram Kana Joshi and others vs. Maharashtra Industrial Development Corporation and others , 2013 1 SCC 353, (i) has propounded a principle that the right of property contemplated in Article 300-A, of the Constitution of India, cannot be given short shift, (ii) and, deprivation of property of land owners concerned, is to occur only in accordance with the procedure established by law, (iii) and, that only after a notice for acquisition being issued by the authorities under the relevant statue, and, thereafter compensation being determined qua the acquired land, would adherence be meted thereto. Moreover in paragraphs No. 12 to 15 of the judgments supra, paragraphs whereof stand extracted hereinafter, it has been expounded that the barring effects of vices, of, delay laches, would not constitute, any absolute impediments against the making of mandamus, upon the authority concerned, to comply with the mandate of Article 300-A of the Constitution of India:-