IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 13544 of 2024 Decided on: 29.08.2025 Gulaba Ram and others … Petitioners Versus State of Himachal Pradesh and others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 _____________________________________________________ For the petitioners : Mr. Ajinder Mehta, Advocate. For the respondents : Mr. Rajpal Thakur, Addl. AG. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioners have approached this Court with the request that the respondents be directed to pay compensation to the petitioners for the land that has been utilized by the State without acquisition for the purpose of construction of road, namely, Pungh-Ghanghnoo. 2. According to the petitioners, the land was utilized in the year 1985-86 when the work of the road in question was commenced. In terms of the reply filed by the State, the construction work of the road was commenced in the year 1985-86 on the verbal consent of the owners of the land, including the petitioners. Therefore, the petitioners are not entitled for any compensation. 3. Having heard learned Counsel for the petitioners as well 1 Whether reporters of the local papers may be allowed to see the judgment? 2 as learned Additional Advocate General and having carefully perused the pleadings as well as documents appended therewith, this Court is of the considered view that as it is an admitted fact that the property of the petitioners has been utilized for the purpose of construction of the road in issue in the year 1985-86 without compensating them, the respondents-State cannot deny compensation thereof to the petitioners on the ground that the road was constructed with the consent of the land owners in light of the fact that nothing has been placed on record by the State to demonstrate this fact. 4. It is settled law that no individual can be deprived of his property, which is a constitutional right under Article 300-A of the Constitution of India, except in accordance with law. This writ petition is accordingly allowed and the respondents are directed to acquire the property of the petitioners in accordance with law and pay compensation thereof to them. 5. In light of the fact that as per the State, the construction of the road was started in the year 1985-86, the deemed date of acquisition of the property shall be 01.01.1985 and compensation shall be paid to the petitioners in light of the market rate that was prevailing of the property concerned at the relevant time. The acquisition shall be in terms of the Land Acquisition Act, 1894. The petitioners shall not be granted any interest as from 01.01.1985 3 uptill the date of filing the writ petition. With these observations, the writ petition stands disposed of. Pending miscellaneous applications, if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge August 28, 2025 (narender)