MATHU RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) BRIEFLY stated the facts of the case are that the petitioner's land comprised in khasra No. 147, 173, 174 and 184 was utilized by the State for the construction of Narag-Wasni-Dinger road. He was not paid any compensation for utilizing his land. He has placed on record copy of order dated 18.10.1995 passed by a Division Bench of this Court in CWP No. 1859/95. In CWP No. 1859/95 the petitioners had prayed for directions to the State to pay them compensation after acquiring their land which has been utilized for the construction of the road. This Court had directed the state to take appropriate steps for payment of compensation in terms of Land Acquisition Act, 1894 with a further direction to complete the proceedings within one year. He has also placed on record copy of award (Annexure P-3) passed by the District Judge, Sirmaur District at Nahan, who had announced the award in land references referred by similarly situate persons whose land was acquired for the construction of Narag- Wasni-Dinger road. Primarily the stand of the State is that though the road was constructed in the year 1971, but the same was constructed under crash programme (pilot programme) by Block Development Officer, Pachhad under community development scheme. The thrust of the reply filed by the respondent-State is that under the scheme the beneficiaries were not to be paid any compensation on the basis of their implied consent. The State has also placed on record copy of document (Annexure R-1) dated 28.3.1979 whereby a decision has been conveyed to all the Superintending Engineers and the Executive Engineers by the Chief Engineer (B&R), PWD not to pay any compensation to the land owners.

(2.) MR . Ramakant Sharma, Advocate has strenuously argued that the petitioner's land could not be utilized by the State/State Agencies for the construction of Narag-Wasni-Dinger road without paying compensation. He further contended that the petitioner could not be deprived of his property save in accordance with law.

(3.) I have heard the learned counsel for the parties and perused the record.