LATA Vs. STATE OF H.P.

JUDGEMENT

(1.) THE brief facts necessary for the adjudication of this writ petition are that the husband of the petitioner No. 1 and father of petitioner No. 2 was owner of land bearing Khewat No. 161, Khatauni No. 222, Khasra Nos. 95 and 97, measuring 14 -4 -0 bighas situate in Mauza Raan/196, Pargana Saho, Tehsil and District Chamba. The petitioners have inherited this land after the death of Naresh Sehgal.

(2.) THE respondent -State had started the construction work of Sarahan -Raan road in the year 1989 which passed through the land of the petitioners in the year 1997. The Sarahan -Raan road was constructed under the State Budget (BASP). The petitioners have neither been paid any compensation nor their land has been acquired under the Land Acquisition Act, 1894 .

(3.) LEARNED Deputy Advocate General has strenuously argued that the land has been utilized for the construction of road with the consent of deceased Naresh Kumar. He further contended that the land has been voluntarily handed over to the State by Shri Naresh Kumar.