Vidya Devi vs State of Himachal Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2020 Supreme(SC) 18

INDU MALHOTRA, AJAY RASTOGI
Vidya Devi – Appellant
Versus
State of Himachal Pradesh – Respondent

Advocates Appeared:
For the Appellant(s) :Radhika Gautam, Advocate
For the Respondent(s):B. Sharma Mukerji, Pratishta Vij, Samanth Khanna, Malvika Yadav, Abhinav Mukerji, Advocates

Judgement Key Points

Question 1? Question 2? Question 3?

Key Points: - State cannot expropriate private land without compensation; State cannot use adverse possession to perfect title over private land. (!) (!) - Delay and laches cannot bar a continuing violation of fundamental rights; constitutional courts can promote justice and grant relief under Articles 136 and 142. (!) (!) (!) - Appellant entitled to compensation on terms similar to adjoining case; State directed to pay compensation within 8 weeks, with costs and deemed acquisition implications. (!) (!) (!)

Question 1?

Question 2?

Question 3?

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.11

Click Here to Read the rest of this document

2020 Supreme(SC) 18

INDU MALHOTRA, AJAY RASTOGIVidya Devi – AppellantVersusState of Himachal Pradesh – Respondent

Question 1?

Question 2?

Question 3?

Cases Referred (7)

INDU MALHOTRA, AJAY RASTOGI
Vidya Devi – Appellant
Versus
State of Himachal Pradesh – Respondent