NOKHIA Vs. STATE

JUDGEMENT

(1.) A letter addressed to this Court through one of us (Chief Justice) by fourteen persons, all belonging to the schedule castes, has been registered as writ petition. The petitioners have averred in the petition that they are residents of village Chakrali, tehsil and district Shimla, an area or region which is "perhaps one of the poorest in Shimla district because there is hardly any perceptible source of livelihood". According to the petitioners, they hold small pieces or parcels of land which are mostly of 'qhasni' variety and earn their livelihood by selling grass and working as agricultural labourers or labourers employed on projects such as construction of roads etc.

(2.) The main grievance of the petitioners is that the State Government took up the work of construction of a link road from Bhatta Kuffar to Koti in the year 1977 without payment of compensation as a result of which they have been deprived of their holdings or portions thereof since about seven years without due process of law. According to the petitioners, in the process or as a result of the construction/ widening of the road, they have also suffered incidental damage such as loss of trees, common paths, natural water sources and injurious affection to their remaining property. The petitioners submit that they have made repeated requests for payment of compensation but to no avail. Another grievance of the petitioners is that on account of construction of the Dhalli-Shogi Road, near Sanjauli tunnel, a path leading to village Deoli and Chakrali was badly damaged and that it has still not been repaired in spite of repeated requests and that on that account the people of this area are suffering inconvenience and hardship. The petitioners have sought a just relief and redressal of their grievances.

(3.) Notice was ordered to issue on the petition on Oct. 31, 1984. On behalf of the respondents, an affidavit-in-reply Dec. 1, 1984, has been filed by the Superintending Engineer, 4th Circle, HP PWD, Shimla. Rule was issued today after perusal of the affidavit.