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Himachal Pradesh High Court · body

2009 DIGILAW 651 (HP)

Kahan Singh v. State of H. P.

2009-07-20

JAGDISH BHALLA, RAJIV SHARMA

body2009
JUDGMENT : 1. The land of the petitioner was utilised for the construction of Nohra-Chaurin-Baghal Road. The petitioner was neither paid any compensation nor his land was acquired under the Land Acquisition Act, 1894. 2. Mr. Ankush Dass Sood on the basis of the instructions imparted to him by the Department has fairly submits that the land of the petitioner now shall be acquired in accordance with law within a period of one year. 3. There is a vital question of public importance involved in this petition. A practice has developed affront to rule of law. The State agencies had started constructing roads without either paying any compensation or acquiring the land under the Land Acquisition Act, 1894. The Court had called upon the Principal Secretary (PW) to attend the today's hearing. He is present in person. He submits that he has issued necessary instructions to all the Departments not to undertake the construction of any road in the State of Himachal Pradesh without the express consent of the land owners. He further submits that the instructions have been issued to the effect that in case the villagers want the construction of road through their land, they will have to execute a valid gift deed in favour of the State Government and thereafter when the entries are carried out in the revenue records in favour of the State Government, the construction of the road shall be undertaken. We appreciate the fair stand taken by Mr. Kapoor, Principal Secretary (PW) in conformity with the Constitution's philosophy. Needless to say that a person cannot be deprived of his property save and except in accordance with law. 4. In view of the stand of the State expressed through the Principal Secretary (PW), we order: a) henceforth no construction of the roads shall be undertaken by any development agency in the State of Himachal Pradesh without the owners express permission-valid gift deed made in favour of the State Government; b) the State Government shall undertake the construction of the roads only after initiating the process of acquisition under the Land Acquisition Act, 1894; and c) These directions shall be obeyed punctually. 5. With these directions/observations, the writ petition is disposed of. No costs.