PRAKASH CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) Petitioner has filed this writ petition seeking direction against the respondents to initiate acquisition proceedings in respect of land comprised in Khasra Nos. 569 and 605, measuring 0 -03 -84 hectares, situate at Mauja Deothi, Pargana Dharati, Tehsil Theog, District Shimla.

(2.) Case set out in the writ petition is, that petitioner alongwith his brothers and sister is the owner of this land. While constructing Ghorna -Deothi road, this land of the land owners was taken over and part of road is constructed on it. No compensation was paid by the respondents despite assurances. Further case of the petitioner is that he is being deprived of the property without any legal authority. Therefore, this writ petition deserves to be allowed, because action of respondents is not only illegal and arbitrary, but is also violative of Articles 14 and 300 -A of the Constitution of India.

(3.) When put to notice, respondents did not dispute taking over of the land of petitioner and others for the construction of the road in question and the road having been constructed about 11 years ago. However, while controverting the right of the petitioner to claim compensation, it is pleaded that the road was constructed on the popular demand of the residents of the area on the tacit understanding that land for construction of road would be provided by the villagers. Therefore, no compensation was granted to any person. Further plea of the respondents is that petitioner had impliedly consented for the construction of the road without seeking any compensation. Construction of the road was started in the year 1991 -92 at the instance of local inhabitants falling in Gram Panchayat Deothi and upon request of the Member of the Legislative Assembly. Delay was also set up as a ground for rejection of claim. Khasra numbers and area as detailed in the writ petition, were not in dispute.