Shri Roop Singh Thakur vs State of Himachal Pradesh

Sanjay Karol, Judge

Petitioner has prayed for the following reliefs: 1. That the respondents may kindly be directed to produce the entire record pertaining to the case for the kind perusal of this Hon''ble Court.

That appropriate orders and directions may kindly be issued, requiring the respondents to pay suitable compensation/damages on account of occupation and use of the land pertaining to the petitioner from the date of actual taking over the possession after initiating the proceedings u/s 4 of the Land Acquisition Act. Time bound directions may kindly be issued to the respondents to initiate the acquisition proceedings to finalize the same and pay the amount of compensation with respect to the land as per the rate prevalent in the market alongwith interest @ 18% per annum from the acquisition of the land of the petitioners for the purpose of construction Forest Rest House (Wild Animals Hall) at revenue village Chorass-Tarena Sub Tehsil Nohera Dhar, District Sirmour, H.P.

From the record (Jamabandi)(Annexure P-4), it is apparent that petitioner is the owner of the land in question which also stands demarcated by the revenue authorities in the presence of the contesting parties. However, record reveals that the Forest Department is actually possessing the same over which some construction has been raised. This fact is also evident from the demarcation report, which has attained finality and has not been challenged by any one of the parties.

Evidently, the State has been occupying the petitioner''s land without taking recourse to law. Option with the respondents-State is either to acquire the land or hand over the possession thereof to the original owner. Petitioner has constitutional right to enjoy his property and cannot be deprived of the same except in accordance with law. As such petition is allowed with the direction to the respondents to either initiate proceedings for acquisition of the land, in accordance with law, or hand over vacant possession of the land belonging to the petitioner. Action in this regard be positively initiated within a period of six weeks from the date of receipt of certified copy of this judgment. With the aforesaid observations, petition stands disposed of. Pending application(s), if any, also stand disposed of.