BALWANT SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) It is rather unfortunate that after having taken a decision to initiate proceedings for acquisition of land over Whether reporters of Local Papers may be allowed to see the judgment? which Jhiknipul - Bhamta Road came to be constructed, now the respondents/State by taking a somersault are contesting the claim of the writ petitioners.

(2.) Record reveals, as is also evident from the response filed by the State, that the road in question came to be constructed by the State under the PMGSY Scheme. It is a Central Government sponsored Scheme and the road stands constructed by the State. It is not a case where the residents of the area themselves constructed the road or prior to its construction, land owners surrendered their rights therein. In fact, at some point in time, acquisition proceedings were initiated but for unexplained reasons, allowed to lapse. Even thereafter the State on its own, or may be on the asking of land owners, did take a decision to initiate fresh proceedings for acquisition of the land in question. Correspondence dated 30.10.2013 (Annexure P-4) and 19.07.2014 (Annexure P-5) is evidently clear in this regard. Yet it did not do anything, forcing the petitioners to approach this Court for redressal of their genuine grievances. Petitioners had been continuously pursuing their remedies before different authorities.

(3.) Right of property is enshrined in the Constitution. It is a settled principle of law that no person can be deprived of its property, save and except by following due process of law. Under these circumstances the writ petitioners legitimately canvass infringement of violation of such right.