SURINDER Vs. STATE OF H.P.

JUDGEMENT

(1.) Under an award of 25.9.1985, the petitioner's land holding an area of three biswas stood acquired for construction of Bankufar-Hallaila road. On his land standing brought to acquisition, the petitioner received under protest, compensation comprised in a sum of Rs.416.19 paisa. The petitioner avers qua the purpose for which his land stood brought to acquisition standing un-utilized by the respondents-State for the relevant purpose. He also contends of his extantly holding its possession.

(2.) Respondents No.1 to 3 contested the factum of the petitioner extantly holding possession of three biswas of land. Contrarily, they contend of theirs holding possession of land measuring three biswas as stood brought to acquisition for construction of Bankufar-Hallaila road.

(3.) The contentious factum of the petitioner vis-a-vis respondents No.1 to 3 extantly holding possession of three biswas of land stands clinched qua the petitioner manifested by the factum of the respondents aforesaid in their reply acquiescing qua the petitioner raising a temporary shed thereupon whereupon its width stands narrowed. The factum aforesaid also stands manifested in the reply furnished by respondent No.4. Moreover, a perusal of the unfoldments occurring in Annexure R-4/A holding an order rendered by the Sub Division Magistrate, Theog, directing the petitioner herein to remove the Dhara raised by him on three biswas of land also the demarcation report furnished by the demarcating officer depictive of a shed standing raised on a part of three biswas of land, all cumulatively hold concurrence with the acquiescence of respondents No.1 to 3 qua the petitioner raising a temporary shed upon three biswas of land. Even if, the aforesaid manner of utilization of three biswas of land by the petitioner which stood brought to acquisition may not don the mantle qua his holding a lawful right to erect a dhara thereon, nonetheless, it is a marked portrayal qua the factum of his extantly holding possession thereof also is a evident display of its repulsing the contention of the respondents qua theirs extantly holding its possession. The land of the petitioner holding an area of three biswas was bought under acquisition in the year 1985. It stood brought under acquisition for construction of Bankufar-Hallaila road. Its utilization within five years therefrom for the purpose aforesaid by the respondents-State would deprive the petitioner to claim a direction from this Court qua its being ordered to be de-acquired, preeminently when the mandate of sub section (2) of Sec. 69 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act of 1894'), provisions whereof stand extracted hereinafter, hold a contemplation of the relevant land as brought to acquisition on remaining unutilized for the purpose for which it stood acquired for a period of five years from the date of taking over of its possession, the landowner holding an empowerment to claim a relief qua its being ordered to be de-acquired also its possession standing restored to him despite an award standing pronounced also dehors his receiving the apposite compensation. Provisions of Sec. 69 of the Act of 1894 read as under:-