RAM DAYAL Vs. STATE OF H.P.

JUDGEMENT

(1.) By way of instant petition, petitioner has prayed for the following substantive relief:-

(2.) The case of petitioners is that they are co-owners of land comprised in khasra Nos. (old) 429, 431/2, 430 Khasra Nos. (new) 605, 606, 608, 773, 773/1, situated in Mohal Chakdyal, Tehsil Shimla (Rural), District Shimla, H.P. and the respondents have utilized the above noted land for construction of Bhatta Kufar-Chakdyal Road in the year 1996. As per petitioners, respondent No.1 had issued notification dtd. 17/5/1996 under Sec. 4 of the Land Acquisition Act, 1894 (for short 'the Act'), showing its intention to acquire some land for construction of Bhatta Kufar-Chakdyal Road. The land, as detailed in the notification under Sec. 4 of the Act, was finally acquired and was utilized for construction of Bhatta Kufar-Chakdyal Road. The Land Acquisition Collector, vide award dtd. 12/4/1999, offered the market price to the owners of the land included in the notification under Sec. 4 of the Act. Reference Petition filed under Sec. 18 of the Act against the award dtd. 12/4/1999, passed by the Land Acquisition Collector, came to be decided by learned Reference Court on 25/5/2016. The persons who had not preferred references under Sec. 18 of the Act, preferred petitions under Sec. 28A of the Act for redetermination of the compensation, after passing of the award by learned Reference Court.

(3.) The precise grievance of the petitioners is that without acquiring the land owned by petitioners and paying them any compensation, respondents have utilized their valuable land. Petitioners remained under bonafide impression that they would also be awarded the same amount of compensation, as was awarded to the other persons, whose land was utilized for construction of Bhatta Kufar-Chakdyal Road. Petitioners had also made written representation to respondents on 17/9/2016 but the same also remained unanswered.