UPENDER KUMAR Vs. STATE OF H.P. AND ORS.

JUDGEMENT

(1.) By way of present writ petition, petitioner has prayed for following reliefs:

(2.) Facts as emerge from the record are that the petitioner is the owner of land comprising Khata Khatauni No. 23 min Khasra No. 26 area measuring 1-4 bighas (over Kahdi). The petitioner has also placed on record, copies of Jamabandi for the years, 2006-07 along with spot tatima and certificate to demonstrate the existence of road and aforesaid land of the petitioner. Petitioner has averred that respondents constructed a motorable "Maryog Narang Dharyar Marg " road in the year, 1975-76 at Mauza Badut, Tehsil Pachhad, District Sirmaur, H.P. and for the purpose of construction of the aforesaid road, the land comprising Khata Khatauni No. 23 min Khasra No. 26 area measuring 1-4 bighas (over Kahdi) has been taken/used for construction of the road to the extent of his share in the aforesaid khasra number of the petitioner.

(3.) It is specifically alleged that the respondents utilised the aforesaid valuable land of the petitioner for the purpose of construction without paying him any compensation qua the land used by them. The petitioner by way of Annexure-P4 also placed on record copy of the notification issued by respondents intimating therein acquisition of land of certain people/villagers for construction of the Maryog Narang Dharyar Marg. The petitioner has specifically averred that despite there being several requests made to the respondents to initiate steps for acquisition of his land, used by the respondents for the construction of aforesaid road by issuing notification under Sec. 4 of the Land Acquisition Act, no steps, whatsoever, have been taken till date to issue notification to acquire the land and thereafter, pay compensation as is required under the Act. Petitioner has also averred that he has been discriminated because admittedly as emerges from the perusal of the Annexure P-4, land of the people belonging to adjoining villages Narang, Maryog, Chewla, Bakanag have been acquired in accordance with law and due and admissible compensation has been paid to them. It is also contended that land of the petitioner falls in middle of villages Narang and Maryog and road in question passes through same and, as such, he is also entitled to compensation on account of use and occupation of the land used by the respondents for construction of the Narang, Maryog, Chewla, Bakanag Marg.