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IN THE HIGH COURT OF JUDICATURE AT PATNA
SHAILENDRA SINGH
Rampari Devi wife of Sri Suresh Kumar Singh – Appellant
Versus
State of Bihar through the Secretary, Department of Revenue and Land Reforms – Respondent
| Table of Content |
|---|
| 1. petitioners seek compensation for land dispossession. (Para 1 , 3) |
| 2. construction of the road without acquisition is unlawful. (Para 2 , 5) |
| 3. arguments on delay and no objection certificate. (Para 4 , 6 , 7) |
| 4. right to property as a human and constitutional right. (Para 8 , 9) |
| 5. directives for compensation and penalties imposed. (Para 10 , 11 , 12 , 13) |
JUDGMENT :
Shailendra Singh, J.
The instant writ application has been filed by the petitioners under Article 226 of the Constitution of India, seeking the following relief(s):
"(i) An appropriate writ/order/direction, declaring action of the Respondents 1st party constructing road upon the petitioners' land under Pradhan Mantri Sadak Yojna, without any process for acquisition of land and without paying compensation as illegal, arbitrary, void and without jurisdiction, be issued (ii) An appropriate writ/order/direction, commanding the respondents to restore the possession of land to the petitioners, be issued;
(iii) Alternatively, an appropriate writ/order/direction, commanding the respondents 1st party to make payment of compensation determined under the provisions of law from the date of dispossession i.e. 24.07.2008
The court affirmed that the right to property is a human right, requiring lawful acquisition and compensation when expropriated, underlining legal obligations of the State in welfare contexts.
Landowners have a constitutional right to compensation for land utilized for public projects, and claims cannot be dismissed based on implied consent or delay in seeking redress.
Forcible dispossession of property without due process violates constitutional rights; delay and laches are not applicable in cases of continuing cause of action.
The right to property under Article 300-A mandates compensation for land acquisition, and the State cannot deprive landowners of their property without due process and compensation.
Landowners cannot be deprived of their property without due process and just compensation, regardless of implied consent due to prolonged silence on compensation claims.
Landowners are entitled to due process and compensation for property utilized by the State without formal acquisition, as under Article 300A of the Constitution.
The right to property is a constitutional right under Article 300-A, and deprivation without due process is violative of human rights.
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