IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No.543 of 2007. Date of Decision: 01.07.2009 Shri Ram Gopal …Petitioner Versus. State of H.P. and others. … Respondents Coram: The Hon’ble Mr. Justice Deepak Gupta, Judge. The Hon’ble Mr. Justice Surinder Singh, Judge. Whether approved for Reporting? No For the petitioner(s): Mr. B.S.Chauhan, Advocate. For the Respondents: Mr. R.K.Bawa, Advocate General with Mr.R.M.Bisht, Deputy Advocate General. Deepak Gupta, J.(oral) By means of this writ petition the petitioner has prayed that the State be directed to acquire his land which has been used for the purpose of construction of a road known as “Gumma-Tapri- Bakhol road”. The petitioner alleges that though his land was utilized and plants damaged, no compensation has been paid to him. The petitioner has prayed that a direction may be issued to the respondents to pay compensation to the petitioner and the land of the petitioner may be ordered to be acquired by the State Government. The respondents-State has filed reply. It has not been denied that the road in question has been constructed. It is also not denied that some land of the petitioner has been used in the construction of the road. The stand of the State is that this road was constructed at the instance of the villagers including the petitioner and therefore the petition be rejected. 2 By now the law is well settled that every citizen of this country has a right to hold property and his property cannot be taken by the State except by process of law. This Court has repeatedly held that no person can be deprived of his property except by process of law. In view of the above discussion, the writ petition is allowed. The respondents are directed to initiate acquisition proceedings for acquiring the land of the petitioner utilized for the construction of the aforesaid road within a period of four months from today and to ensure that the acquisition proceedings are completed within 2 years thereafter. ( Deepak Gupta ), J. Ist July, 2009 ( Surinder Singh ). J. PV