Ram Dhan And Bakshi Ram vs State Of Himachal Pradesh And ...
2023 Latest Caselaw 15931 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                   CWP No. 2423 of 2023




                                                                       .
                                                   Decided on : 10.10.2023





      Ram Dhan and Bakshi Ram                                      ....Petitioners.

                   Versus





      State of Himachal Pradesh and others                         ...Respondents.
      Coram
      The Hon'ble Mr. Justice Ajay Mohan Goel, Judge.





      Whether approved for reporting?1
      For the petitioners             :   Mr. Jagan Nath, Advocate.

      For the respondents         :       M/s Rupinder Singh and
                      r                   Pushpender Jaswal, Additional

                                          Advocate Generals with M/s
                                          Ranjana Patial and Sumit
                                          Sharma, Deputy Advocate
                                          Generals and Rajat Chauhan,


                                          Law Officer.

      Ajay Mohan Goel, Judge              (Oral)

The grievance of the petitioners herein is that in

the course of the construction of "Dehar to Triphalghat Road"

in the year 1979-80, though their land comprised in Khewat

No. 56/49 min, Khatouni No. 69/62 min, Khasra Nos. 229,

measuring 12-05-111 bighas, situated at Mohal Behna, Sub-

Tehsil Dehar, District Mandi, H.P., was utilized but till date

no compensation has been paid to them.

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

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

predecessors-in-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

predecessors-in-interest has not been substantiated by

placing any cogent material on record, therefore, this petition

deserves to be allowed.

4. 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 same

stretch of 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 application(s), if any, also

stand disposed of.

                                             (Ajay Mohan Goel)




    October 10, 2023                         Judge
         (narender)