PRINCIPAL SECRETARY REVENUE Vs. BALDEV SINGH

JUDGEMENT

(1.) The present appeal is directed against the judgment and decree dtd. 31/8/2022, passed by learned Addl. District Judge, Bilaspur, H.P. vide which the appeal filed by the appellants (defendants before learned Trial Court) was dismissed and the judgment and decree dtd. 1/1/2021 passed by learned Civil Judge, Bilaspur, District Bilaspur, H.P was upheld (parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

(2.) Briefly stated, the facts giving rise to the present appeal are that the plaintiffs filed a Civil Suit before the learned Trial Court seeking a mandatory injunction directing the defendants to hand over the possession of the land comprised in Khata/Khatoni No.16/16, Khasra No.128, measuring 4-15 Bighas situated at Village Charan, Pargna Rattanpur, Tehsil Sadar, District Bilaspur, H.P. (hereinafter referred to as the suit land), in its original nature in case the same is not acquired by paying adequate compensation. It was asserted that the plaintiffs are owner in possession of the suit land. The defendants utilized the suit land for the construction of the Deoth-Lag Ghat-Jamli Link road in 1980 and assured the plaintiffs that compensation would be paid for the same. The lands of Surjan Ram and Chet Ram were acquired vide Award No. 1 of 1987; however, the land of the plaintiffs was not acquired. Hence, the suit was filed for seeking the relief mentioned above.

(3.) The suit was opposed by filing a written statement asserting that the road was constructed with the consent of the plaintiffs and no assurance was given to them to pay the compensation. The plaintiffs were not entitled to the payment of compensation; hence, it was prayed that the suit be dismissed.