IMPORTANT POINTS
Expropriation of private property by the State without any compensation is not permissible.
State cannot be permitted to perfect its title over the land by invoking the doctrine of adverse possession to grab the property of its own citizens.
Plea of delay and laches extinguishing right to a claim cannot be raised in a case of a continuing cause of action.
In compelling demand of justice a Constitutional Court would exercise its jurisdiction with a view to promote justice, and not defeat it.

JUDGMENT :

INDU MALHOTRA, J.

Delay condoned. Leave granted.

1. The Appellant now almost 80 years old, was undisputedly the owner of land admeasuring about 3.34 Hectares comprised in Khata/Khatuni No. 105 min/127, Khasra No. 70 in Tika Jalari Bhaddirain, Mauja Jalari, Tehsil Nadaun, Dist. Hamipur, Himachal Pradesh.

2. The Respondent–State took over the land of the Appellant in 1967–68 for the construction of a major District Road being the Nadaun – Sujanpur Road, a major District Road without taking recourse to acquisition proceedings, or following due process of law.

The construction of the road was completed by 1975.

3. The Appellant, being an illiterate widow, coming from a rural background, was wholly unaware of her rights and entitlement in law, and did not file any proceedings for compensation of the land compulsorily taken over by the State.

4. In 2004, some similarly situated persons whose lands had also been taken over by the Respondent–State for the same public purpose, filed CWP No.1192 of 2004 titled Anakh Singh & Ors. v. State of Himachal Pradesh & Ors. claiming compensation before the High Court of Himachal Pradesh.

The High Court vide Order dated 23.04.2007, allowed CWP No.1192 of 2004, and directed the Respondent–State to acquire the lands of the Writ Petitioners under the Land Acquisition Act, 1894.

5. Pursuant to the Order of the High Court in 2008, the Respondent–State initiated acquisition proceedings under the Land Acquisition Act, 1894 only with respect to the lands of the Writ Petitioners, and not the other land-owners whose lands had also been taken over.

6. The Appellant submits that she learnt of these proceedings in 2010, when she alongwith her two daughters filed C.W.P. No. 1736 of 2010 before the Himachal Pradesh High Court, praying that the State be directed to pay compensation for the land acquired in 1967–68; or, in the alternative, direct the State to initiate acquisition proceedings under the Land Acquisition Act, 1894.

The Respondent–State filed its reply before the High Court, wherein it was admitted that the Department had used land in the ownership of the Appellant for the construction of the Nadaun – Sujanpur road, a major district road in 1967–68. The State had been in continuous possession of the property since 1967–68, i.e., for the last 42 years, and the title of the Respondent–State got converted into “adverse possession”. It was submitted that the statutory remedy available to the Appellant was by filing a Civil Suit.

The State has further admitted that a Notification under Section 4 of the Land Acquisition Act had been issued in 2008 with respect to the land of Anakh Singh a neighbouring landowner, whose land was similarly taken over for the same purpose. Furthermore, the Writ Petition was barred by laches, since the road was constructed in 1967–68, and metalled since 1975. The land was utilized by the Respondent–State after the Appellant and her predecessors-in-interest had verbally consented to the land being taken over without any objection.

7. The High Court vide the impugned Judgment and Order dated 11.09.2013 held that the matter involved disputed questions of law and fact for determination on the starting point of limitation, which could not be adjudicated in Writ proceedings. The Appellant was granted liberty to file a Civil Suit.

8. Aggrieved, the Appellant filed a Review Petition against the Judgment and Order dated 11.09.2013 which was dismissed vide Order dated 13.05.2014.

9. The Appellant has filed the present Appeals before this Court, to challenge the Judgment dated 11.09.2013 passed in the Writ Petition and Order dated 13.05.2014 passed in the Review Petition.

10. We have heard learned Counsel for the parties and perused the record.

10.1. The Appellant was forcibly expropriated of her property in 1967, when the right to property was a fundamental right guaranteed by Article 31 in Part III of the Constitution.

Article 31 guaranteed the right to private property, [The State of West Beng