DAULAT RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) This writ petition has been filed with the following prayer:

(2.) The petitioner is owner in possession of 3 plots of land measuring 4 bighas 2 biswas comprised in Khasra Nos. 113, 114 and 115 besides other land situated at Village and Mohal Pohal, Tehsil Kotkhai, District Shimla, H.P. The respondents intended to construct Gumma-Bakhol Road and for that purpose acquired land in the said village. This included some land of the petitioner that was acquired and finally award to this effect came to be passed in his favour on 19.8.2011 vide award No. 46 of 2011.

(3.) It appears that during the revenue settlement which took place in the said village, some of the land of the petitioner through which the road came to be constructed was denoted by Khasra No. 208 measuring 0-06-46 hectares and the same was duly reflected in the revenue record to be owned by the State of Himachal Pradesh and in possession of Public Works Department. However, as the land belonged to the petitioner, he filed an application for correction of the revenue entries on 2.9.2008 before the Collector Settlement, Shimla Division, Shimla and ultimately the revenue entries were ordered to be corrected with respect to Khasra No. 208. After the order of correction, Khasra No. 208/1 measuring 0-03-00 hectares was ordered to be recorded in the ownership of the petitioner and in possession of Public Works Department, whereas Khasra No. 208/2 measuring 0-03-46 hectares was ordered to be recorded in the ownership of the State of Himachal Pradesh and in possession of Public Works Department. But the fact remains that when notification under Section 4 was issued, the aforesaid land on account of wrong revenue entries made during the settlement, continued to be reflected in the name of the State Government and thus no compensation thereof was paid to the petitioner.