Allowed

Jia Lal and Ors. v. State of Hp and Ors.

Himachal Pradesh HC1 Dec 2023CWP/558/2023

Case brief

AI extract

What is this about?

Petitioners challenged non-payment of compensation for land utilized by the State for road construction. The Court held that without proof of voluntary transfer, the State's utilization was unauthorized. It awarded a direction to acquire the land in accordance with law and pay compensation within six months.

What did the court decide?

Directed respondents to acquire the land in accordance with law and pay compensation; acquisition to be commenced and completed within six months.

Jia Lal and Ors. Vs State of Hp and Ors. — Land Acquisition | Himachal Pradesh HC (2023)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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CWP No. 558 of 2023

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Decided on : 01.12.2023

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Sh. Jia Lal and others .…Petitioners

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Versus State of H.P. and others …Respondents. Coram

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The Hon’ble Mr. Justice Ajay Mohan Goel, Judge.

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Whether approved for reporting?¹

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For the petitioners :	Mr. Pritam Singh Chandel, Advocate.
For the respondents :	Mr. Rupinder Singh, Additional Advocate General with Mr. Rajat Chauhan, Law Officer.
Ajay Mohan Goel, Judge	(Oral)

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By way of this petition, the petitioners have prayed for issuance of a direction to the respondents to acquire their land in accordance with law and to compensate them. Their contention is that land comprised in Khata Khatauni No. 144/137, Khasra Nos. 683 and 690, Kitas 2, measuring 1304-18 hectares, situated at Mohal Sohar, Tehsil Dehar, District Mandi, H.P., owned and possessed by them, was utilized by the respondents in the year 1979, for construction of Dehar-Trifalghat road, and since then, the same is being utilized by the State but no compensation has been paid to

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

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the petitioners by the State nor the land has been acquired in accordance with law.

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By way of reply, the factum of utilization of the land of the petitioners has not been disputed by the respondents, however, their stand is that the land was utilized far back and that at the relevant time, no objection was raised by the petitioners nor any compensation was claimed by them.

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Learned Additional Advocate General submits that

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the land was utilized by the State with the consent of all the parties, including the petitioners and for the last four decades, prior to filing of this petition, no demand for compensation has been raised by the petitioners.

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In this case, it is undisputed that the land of the petitioners was utilized by the State for construction of Dehar-Trifalghat road. Whereas the contention of the petitioners is that the same was utilized without compensating them, according to the State, the land was utilized with the consent of the parties.

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In the absence of any material having been produced on record by the State from which this inference can be drawn that the land in issue was transferred in favour

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of the State by the land owners as per law, the only inference which can be drawn by the Court is that the land of the petitioners was utilized by the respondents without acquiring the same in accordance with law.

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It is settled law that the State cannot utilize the land of a private individual, except in accordance with law. Therefore, as it is admitted by the respondents-State that the land of the petitioners has been utilized for construction of Dehar-Trifalghat road and as the respondents are not able to substantiate that the land was voluntarily given by the petitioners to the State for construction of the road in issue, this petition is allowed by directing the respondents to acquire the abovementioned land of the petitioners in accordance with law and by paying compensation to the petitioners. Let acquisition proceedings be commenced forthwith and completed within a period of six months from today.

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The petition stands disposed of in above terms. Pending miscellaneous application(s), if any, also stand disposed of.

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December 01, 2023 (narender)

Jia Lal and Ors. v. State of Hp and Ors.

Case brief

What is this about?

What did the court decide?

Jia Lal and Ors. v. State of Hp and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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