GIAN CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The grievance of the petitioner herein is that in the course of the construction of "Chai Ka Dora to Taleli Road" in the year 1992-93, though the part of his land comprised in Khasra Nos. 502, 507 and 511, situated in Mohal Dhar, Sub Tehsil Dehar, District Mandi, H.P., was utilized but till date no compensation has been paid to him.

(2.) The stand of the State is that the road in question was constructed on the persistent demand of the people of the area and persons including the petitioner as well as their predecessors-in-interest voluntarily came forward to offer land freely for the purpose of construction of said road. It is further contended that the delayed claim of petitioner at this stage is not maintainable.

(3.) Having heard learned counsel for the parties, as it is not in dispute that the land of the petitioner indeed has been utilized by the State for the purpose of construction of road and as the stand of the State that the land was voluntarily given to the State either by the petitioner or his predecessor-in-interest has not been substantiated by placing any cogent material on record, therefore, this petition deserves to be allowed.