SURESH KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) Since despite there being utilization of the land of the petitioner for construction of "Thana Prem Nagar road via Turan, Tehsil Jubbal, District Shimla", petitioner has not been paid compensation by the department after acquiring the land, he has approached this Court in the instant proceedings filed under Article 226 of the Constitution of India, praying therein for following main reliefs:

(2.) Precisely, the facts of the case as emerges from the record are that the land of the petitioner comprised in Khasra Nos. 34 & 35, situate at Up Mohal Premnagar, Tehsil Jubbal, District Shimla, Himachal Pradesh, came to be utilized for the construction of "Thana Prem Nagar road via Turan, Tehsil Jubbal, District Shimla" in the year 1990, but since respondents failed to initiate acquisition proceedings and no compensation was paid to the petitioner, he has approached this Court in the instant proceedings, seeking therein direction to the respondents to initiate acquisition proceedings and thereafter pay compensation.

(3.) Pursuant to notices issued in the instant proceedings, respondents have filed the reply, wherein facts, as have been noticed herein above, are not in dispute, rather stand duly admitted. Precisely, the claim of the petitioner, as has been raised in the petition, has been refuted by the respondents on the ground that present petition is barred by delay and laches and land was made available by the petitioner of his own volition with clear-cut understanding that he would not seek any compensation. Besides above, it has also been averred in the reply filed by the respondents that road in question was constructed on the persistent demand of the residents of the area, with clear cut understanding that they shall claim no compensation.