Himachal High Court Directs Acquisition of Land Used for Shillai Road, Compensation to Landowner
Shimla, October 14: The Himachal Pradesh High Court has directed the authorities to initiate the process of acquiring land used for the construction of the Lani–Borar road in Shillai tehsil of Sirmaur district and award adequate compensation to landowner Bali Ram in accordance with law.
Justice Sandeep Sharma passed the order on October 12, 2026, while disposing of CWP No. 3939 of 2024 filed by Bali Ram against the State of Himachal Pradesh and other respondents.
The petition concerned land used for constructing road No. 4/900 to 4/945 from Lani to Borar in 2008. The road has been used by local residents since its construction, but the petitioner alleged that the land had neither been formally acquired nor compensation paid.
The state authorities acknowledged that the land had been used for road construction but opposed the compensation claim, arguing that the petitioner's name was incorporated in the revenue records in 2023 and that his brother, Tulsi Ram, had issued a no-objection certificate for the road construction on June 15, 2007.
The court held that Tulsi Ram, being one of the co-owners, had no authority to issue a no-objection certificate or undertaking on behalf of the other co-owners. His consent could extend only to the land falling within his own share.
The court also noted that Bali Ram's mother, Jaina, widow of Sadia, died on May 8, 2005, after which he became entitled to a share in the family property as a legal heir. His name was inadvertently omitted when mutation No. 890 was attested in 2009, although other legal heirs were recorded.
A clarification issued by the area Patwari on May 18, 2026, stated that Bali Ram was entitled to an equal share in the land along with his brother and sisters. The court observed that the relevant material establishing his co-ownership had not been rebutted by the state authorities.
The court directed respondent No. 3 to initiate the land acquisition process after getting the land demarcated by the competent authority and thereafter award adequate compensation in accordance with law.
While processing the case, the authorities were directed to take note of the High Court's judgment in CWP No. 4256 of 2024, Chhajju Ram versus State of Himachal Pradesh and others, decided on October 29, 2024, which dealt with delay and entitlement to compensation for land used in road construction.
The court asked the authorities to complete the exercise expeditiously, preferably within two months.
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