SHIV DUTT Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THESE are two petitions under Article 226 of the Constitution to enforce the fundamental right to hold property guaranteed by Article 19(1)(f), due to an alleged contravention of the provisions of Article 31, directed against the State of Himachal Pradesh, one by Balaram in respect of 3 bighas and 13 bis was, and the other by Shiv Dutt in respect of 1 bigha 1 biswa and 15 biswansis, the two areas forming one compact piece of land in the town of Solan,

(2.) THE allegations in the two petitions, except for a slight variation (to be referred to presently), are identical. The petitioners claim, along with their co owners, to be the proprietors of the respective areas. The co owners, Krishna Dutt minor in the case of Balaram and Mt. Gangi in that of Shiv Dutt, have been, impleaded as pro forma respondents.

(3.) THAT was almost on the eve of accession, to India of 21 former Punjab Hill States, including Baghat, with their tributaries and the formation of the respondent State of Himaehal Pradesh on April 15, 1948. About three years thereafter, viz. on 12 4 1951, the petitioners were summoned, as they allege, by the Tehsildar of Solan and informed that the price of the land had been settled at Rs. 125/ per bigha. The petitioners contend that it was only then that they came to know for the first time that the land was being acquired permanently for a nominal price.