MEHAR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of this writ petition, the petitioners have, inter alia, prayed for the following reliefs:-

(2.) The case of the petitioners is that their land, description whereof is given in para-2 of the petition, was utilized by the respondents for the purpose of construction of a road namely, "Bangora-Jokhaghati" in Mauza Baag, Tehsil Shimla (Rural), District Shimla, H.P. in the year 1985-86. The land was utilized by the respondents without compensating the predecessor-in-interest of the petitioners/petitioners, in accordance with law.

(3.) Learned Counsel for the petitioner has submitted that the act of the respondents of not compensating the petitioners for the utilization of their land runs contrary to the law declared by the Hon'ble Supreme Court of India. Learned Counsel has further submitted that the right to property is a constitutional right and a land owner cannot be deprived of his property without compensating him in accordance with law. Learned Counsel has accordingly prayed that this petition be allowed and the respondents be directed to acquire the land of the petitioner, in accordance with law.