Sh. Babu Ram Sharma vs State of H.P. and Others

Dev Darshan Sud, J.—The petitioner is aggrieved by the action of the respondents in building a road Badyara to Diswani through his land without following the due process of law. The petitioner claims that land measuring 00-78-98 hectares entered in Khata 8min, Khatauni No. 14, Khasra Nos. 247 and 248, Kitas 2 in Mohal Jagoti owned by the petitioner has been utilized by the respondents for building of the road.

The State has resisted this Writ Petition on the ground that the land was voluntarily surrendered by the petitioner for building of the road for the convenience and advantage of the villagers. According to the respondents, resolution was passed by the Gram Panchyat, Diswani on 26.9.1993 undertaking that all members would donate land free of cost for construction of this road. According to the respondents an "affidavit" has been filed by Gram Panchyat Diswani signed amongst others by the petitioner, whose signatures according to them appeared at Sr. No. 34, that no compensation would be claimed. Respondents further placed reliance on a request/representation dated 16.4.1993 addressed to the Government of Himachal Pradesh by some of the residents of the area stating therein that no compensation would be claimed by them. I have seen the so called "affidavit". It can not be described to be an affidavit, as it is not attested in the form as required by law. The document only states that a decision have been taken by the Gram Panchyat to donate land for the purpose of construction of road. In this document I do not find the signatures of the petitioner herein. Similarly, I do not find his signatures on Annexure R-3, which document was urged to support the plea of estoppel.

Learned Counsel appearing for the petitioner submits that all other villagers have been granted compensation for their land utilized in construction of the road by the Land Acquisition Collector in Case No. RAM-3/96. Photo copy of the award has been placed on record of this case. In these circumstances, I do not find that the submissions made by the State are tenable. It is not established on record that any consent was granted by the petitioner for utilization of his land in construction of road free of cost. I need not observe that the land of a citizen cannot be utilized by the State except in accordance with law. This Writ Petition is accordingly allowed. A direction is issued to the respondents to acquire the land of the petitioner in accordance with law. It is expected that the respondents shall complete all proceedings on or before 30th November, 2010. This direction has been passed keeping in view the fact that the land of other villagers of the same area stand already acquired. There shall be no order as to costs.