BALWANT SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) In this writ petition, petitioner contends that he owns land ad-measuring 0/46/92 hectares in khata no. 11, khatauni no. 44, khasra no. 1481, at Mohal Lowerkoti, Tehsil Rohroo District Shimla ,H.P; that it is a very fertile land having an apple orchard and in this land, the respondents have constructed a road called 'Rohroo-Parsa-Shekhal road' via Dhara inspite of his objections for the same without acquiring it and without paying any compensation for it.

(2.) It is alleged that the Sub-Divisional Officer, HPPWD, Rohroo as well as the Executive Engineer, HPPWD Rohroo assured payment of compensation to him and even issued receipt regarding apple plants over the different plots of different owners whose land was going to be occupied for construction of the road, but while granting compensation to others, denied him compensation. He also contended that in a measurement book, entries were made on 28/7/1995, and on the assurance of the said officials that compensation would be paid after acquiring his land, he allowed the construction work to go on.

(3.) He alleged that the construction work ought to have been carried out after acquisition of land, but it was not done.