DILLU RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) IN this writ petition, the petitioners claim compensation for the land which has been utilized by the respondents -State without payment of compensation in accordance with law. The case was listed to be taken up after decision in Shankar Dass v. State of H.P. and others connected matters,, 2013(2) Him.L.R. (FB) 698, which was a reference made to the Full Bench to consider the parameters within which compensation for land utilized by the State could be granted in writ proceedings. By majority, the Division Bench of this Court holds. - -

(2.) FROM the pleadings, we find that serious disputed questions of law and fact arise for determination of the starting point of limitation, which, it is not possible to adjudicate in writ proceedings. The appropriate remedy for the petitioners would be to institute a civil suit in accordance with Shankar Dass's case supra, to establish the claim as pleaded. In these circumstances, this writ petition is disposed of with liberty to the petitioners to institute a civil suit in accordance with law and the ratio in Shankar Dass's case supra.