CourtKutchehry.com
High CourtsSingle Bench

Rajender Kumar Alias Inder Singh And Another vs State Of Himachal Pradesh And Others

High Court Of Himachal Pradesh · Decided on 30 October 2023 · Citation: (2023) 10 SHI CK 0066

HON’BLE JUDGES
Ajay Mohan Goel, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 2900 Of 2023
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

7 paragraphs · 387 words

Ajay Mohan Goel, J

1.

The grievance of the petitioners herein is that in the course of the construction of “Chai Ka Dora to Taleli Road” in the year 1992-93, though their land comprised in Khewat No. 46/41 min, Khatouni No. 58/53 min, Khasra No. 293, measuring 01-02-01 bighas, Khasra No. 296, measuring 01-00-19 bighas and Khasra No. 305, measuring 02-08-12 bighas, situated in Mohal Behna, 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 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.