LAWS(HPH)-2023-7-35

RAMESH KUMAR Vs. STATE OF H.P.

Decided On July 13, 2023
RAMESH KUMAR Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) The petitioner seeks compensation in lieu of his land utilized by the respondents for constructing a road.

(2.) From the conjoint reading of the pleadings, following facts emerge:-

(3.) The respondents in their reply have not denied utilizing the land in question for construction of Dhara- Shekhal road. According to the respondents, the road was constructed during the year 1996-97 on the persistent demand of the residents of the area including the petitioner/his predecessor-ininterest. The respondents have also admitted that different notifications under Sec. 4 of the Land Acquisition Act were issued by them in respect of some of the land parcels covered by the road in question. It has also been admitted that the awards as mentioned by the petitioner in the writ petition were passed by the respondents in respect of few of the land parcels utilized for construction of the road. However, according to the respondents, this was done "only as per direction of Hon'ble Court under compelling circumstances as the judgments passed in different matters by the Hon'ble courts attained finality".