2025:HHC:29876 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.4272 of 2025 Decided on: 02.09.2025 Kailash Chand Sharma & another … Petitioners Versus State of Himachal Pradesh & others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioners : Mr. Dikken Kumar, Advocate. For the respondents : Mr. Pushpinder Jaswal, Additional Advocate General, for respondents No.1 to 6-State. Mr. Nand Lal Thakur, Senior Panel Counsel, for respondents No.7 and 8. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioners have approached this Court, praying for issuance of direction to the Department to pay compensation for the land that has been utilized for the purpose of construction of the road. 2. As per the respondents, the petitioners have approached the Court belatedly and further the land was used for construction of the road on the requests of the villagers including the petitioners and in case the petitioners are not interested in continuation of the road, the respondents submit that they have decided to return the land of the petitioners back to them. 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:29876 3. This Court is of the considered view that as the settled law is that the State cannot utilize the land of a private individual without compensating him in light of the fact that right to property is a Constitutional right, if the State is volunteering to return back that land, then the petitioners should be more than satisfied. 4. Accordingly, this petition is disposed of with the direction that let the land which was utilized by the respondents be restored back to the petitioners within a period of two weeks from today. Learned Counsel for the petitioners submits that for damages, liberty be granted to the petitioners to file a suit. This is opposed to by learned Additional Advocate General. All that this Court can observe is that there is no fetter that the petitioners, if so advised, cannot approach the Civil Court, but of course, subject to all the legal rights of the respondents. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge September 02, 2025 (Rishi)