Sukhdev And Others vs State Of H.P And Others

Jyotsna Rewal Dua, J

The petitioners seek direction to the respondents to compensate them for acquisition of their land comprised in khasra Nos. 159 and 161/1 measuring 00-04-23 hectares and 00-01-78 hectares respectively, situated in Mohal Badwal, Sub Tehsil Kangu, Distt. Hamirpur.

The case of the petitioners is that they are owners in possession of the aforesaid land. The land has been utilized by the respondents for construction/widening of Jullundhar- Hoshiarpur-Amb-Nadaun-Pakka Bharo-Mandi road. The land was utilized without the consent of the petitioners and no compensation till date has been paid to them in lieu thereof.

Learned counsel for the petitioners pressed into service Annexure P-3, which is rapat roznamcha No. 305, dated 6. 3.2010 made by Patwari, Patwar Circle Naunghi, Tehsil Kangu, District Hamirpur to the effect that notification under Section 4 of the Land Acquisition Act with respect to the above described land was proposed to be issued on 7.7.2009. The grievance of the petitioners is that subsequently no follow-up action in that regard and in accordance with law was taken by the respondents though valuable land of the petitioners was utilized by them. It has further been submitted that the road in question i.e. NH 70 now overlaps with NH 88 i.e. Shimla-Mataur road from Pakka Bharo to Nadaun, which has been handed over to National Highway Authority of India i.e. respondents No. 4 and 5.

It is seen from the documents on record that representations at Annexure P-4 dated 3.3.2016 and Annexure P-5 dated 21.7.2020 made by the petitioners and legal notice Annexure P-6 dated 26.8.2020 issued by the petitioners to the respondents in respect of relief claimed by them herein are still pending consideration before the concerned authorities.

In the facts and circumstances of the case, it will be appropriate to direct the competent authority to decide the pending representations of the petitioners. Learned counsel for the parties are not averse to this course.

Accordingly, this petition is disposed of by directing respondent No. 2 to decide the representations Annexure P-4, dated 3.3.2016 and Annexure P-5 dated 21.7.2020 of the petitioners in consultation with respondent No. 5 within a period of eight weeks from today by passing a speaking order in accordance with law. Liberty is reserved to the petitioners to take appropriate recourse in accordance with law, in case they still feel aggrieved. Pending application(s), if any, shall also stand disposed of.