RAM PRAKASH Vs. STATE OF HP

JUDGEMENT

(1.) Since common questions of facts and law are involved in all the above captioned cases, coupled with the fact that similar relief has been claimed, all these matters were heard together and are now being disposed of vide this common order.

(2.) Petitioners, in all the above captioned cases, are aggrieved on account of non payment of compensation qua their land used for construction of road namely Jabal to Jai Nagar via Ukhoo, Tehsil Ramshehar, District Solan. In year 1994 respondent/ State constructed aforesaid road using land of the petitioners, but without initiating proceedings for acquisition of land under Land Acquisition Act, 1894 (herein after to be referred as "Act "), as a result whereof, no compensation has been paid to the petitioners till date. Since despite repeated requests, respondents failed to initiate acquisition proceedings, petitioners are compelled to approach this Court in the instant proceedings filed under Article 226 of the Constitution of India, praying therein for following main reliefs:

(3.) Pursuant to notices issued in the instant proceedings, respondent/ State has filed reply in all the above captioned cases and rejoinders thereto also stand filed. Claim, put forth in the instant petition on behalf of the petitioners, has been sought to be refuted by respondents on the ground of delay and laches. Apart from above, it has been also claimed on behalf of the respondents that while road was being constructed, no objection was ever raised, rather residents of that area including petitioners voluntarily donated the land for construction of link road with the clear understanding that they shall not claim any compensation.