JEET RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PETITIONER is one of the joint owner(s) -in -possession of the land as entered in Khata No. 9, Khatauni No. 32, Khasra No. 279 measuring 0 -13 -17 situate at Mauja Majholi, Pargana Sihal, Tehsil Theog, District Shimla, H.P., as per Jamabandi for the year 2001 -02. Administrative approval was given by the State Government vide letter dated 21.2.1997 for a sum of Rs. 1,41,50,000/ - for the construction/widening of road from kms 0/0 to 17/045. The construction of the road commenced on 10.9.2004 and was completed in the year 2006 -07. The land of the petitioner was also utilized for the purpose of construction of the road i.e. Shillaru -Reog road. The land was utilized for the purpose of widening of the road which was completed on 5.6.2006. Petitioner has not been paid any compensation by the respondent -State for utilizing his land for the purpose of construction/widening of road. The petitioner served a notice upon the respondents on 30.4.2007 followed by another representation on 22.9.2009. Petitioner has placed on record the copy of Jamabandi as Annexure P -1 and that of Tatima as Annexure P -2. A note is given on the Tatima by the Halka Patwari that the road has been constructed on Khasra No. 279.

(2.) THE case set up by the respondent -State is that the villagers made repeated demands for the construction of the road in question. The construction of the road in question was started in the year 2005 -06. According to them, the petitioner has given his implied consent for the construction of the road.

(3.) NO person can be deprived of his property without following due process of law. Respondents have utilized the land of the petitioner without paying him any compensation. There is no contemporaneous record placed on record by the respondent -State to show that the petitioner had consented for the construction of the road through his land. It is evident from the contents of Annexure P -1 that the nature of land in Khasra No. 279, as per Jamabandi for the year 2001 -02, is Bagicha. A valuable piece of land of the petitioner has been utilized in an arbitrary manner by the respondent -State, for the purpose of construction/widening of the Shillaru -Reog road.