Amar Singh And Others vs State Of H.P. & Others
2023 Latest Caselaw 15201 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA




                                                                           .
                                                      CWP No.1537 of 2023





                                                      Decided on: 03.10.2023

    Amar Singh and others                                              ....Petitioners.
                 Versus





    State of H.P. & others                                            .... Respondents.

    Coram
    Hon'ble Mr. Justice Ajay Mohan Goel, Judge.





    Whether approved for reporting?1
    For the petitioner s   :    Mr. Jagan Nath, Advocate.
    For the Respondents               :      Mr. Pushpinder Jaswal, Additional
                                             Advocate General, with Mr. Sumit
                          r                  Sharma Deputy Advocate General
                                             and Mr. Rajat Chauhan, Law Officer.

    Ajay Mohan Goel, Judge (Oral)

The grievance of the petitioners herein is that in the

course of the construction of "Ghumarwin to Sundernagar­via­

Dehar road" in the year 1976­77, though their land comprised in

Khewat No. 34/30 min, Khatouni No. 44/40 min, Khasra No. 544,

measuring 00­13­19, situated in Mohal Bhantrad, Sub Tehsil

Dehar, District Mandi, H.P., was utilized but till date no

compensation has been paid to them.

2. The stand of the State is that the road in question was

constructed on the persistent demand of the people of the area and

persons including the petitioners as well as their predecessors­in­

Whether reporters of the local papers may be allowed to see the judgment?

interest voluntarily came forward to offer land freely for the

purpose of construction of said road.

.

3. Having heard learned counsel for the parties, as it is

not in dispute that the land of the petitioners indeed has been

utilized by the State for the purpose of construction of road in

issue and as the stand of the State that the land was voluntarily

given to the State either by the petitioners or their predecessors­in­

4.

r to interest has not been substantiated by placing any cogent material

on record, therefore, this petition deserves to be allowed.

At this stage, learned counsel for the petitioners has

submitted that the Hon'ble Coordinate Bench of this Court in

CWP No. 2948 of 2023, titled as Manbhari & Ors., vs. State of H.P.

& Ors., decided on 19.09.2023, has been pleased to allow the writ

petition filed by a person similarly situated as the present

petitioners, whose land was also acquired for the purpose of the

construction of the aforesaid road. This fact could not be disputed

by the State.

5. Accordingly, this writ petition is disposed of with the

observation that the directions as has been passed by the Hon'ble

Coordinate Bench in CWP 2948 of 2023 (supra) shall be read to

have been passed mutatis mutandis in the present petition also

and the respondents are directed to initiate proceedings to acquire

the land of the petitioner within a period of four weeks from today

and complete the process, as expeditiously as possible, and

.

preferably within a period of two months from today.

6. Pending miscellaneous applications, if any, also stand

disposed of.

                                                    (Ajay Mohan Goel)





                                                         Judge
    October 03, 2023
        (Rishi)        r