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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
SABINA, SATYEN VAIDYA, JJ.
State of H.P. and Others – Appellants
Versus
Hem Raj Mehta and Others – Respondents
L.P.A. No. 155 of 2022
Decided On : 10-03-2023
Land Acquisition Act, 1894 - Section 4 - Acquisition of land - Payment of compensation - Direct respondents to acquire land of petitioners and pay compensation – Respondents cannot be deprived of property, without due process of law. (Para 13)
Finding of the Court: Court find that award for grant of compensation for second time was passed in 2014, without considering land of respondents and no plausible reasons whatsoever has been put forth by appellants for such omission - Thereafter, respondents continued to agitate their grievance with appellants and despite positive recommendation of appropriate authority of appellant No. 1 in favour of claim of respondents, no final decision was taken, forcing respondents to approach this Court - In such view of matter, appellants cannot derive any benefit from, which in court considered view has been passed in peculiar facts of case - Respondents cannot be deprived of property, without due process of law - Despite two separate awards having been passed in respect of land utilized for ‘Udho-Niwas-Jakhar-Bartu Road’ - Land of respondents remained without acquisition and as a consequence thereof, respondents have remained without payment of compensation.
Result: Appeal dismissed.
JUDGMENT :
SATYEN VAIDYA, J.
1. By way of instant appeal, the appellants have assailed judgment dated 23.9.2021, passed by learned Single Judge in CWP No. 74 of 2019.
2. Brief facts necessary for adjudication of appeal are that the appellants-State constructed road named as ‘Udho-Niwas-Jakhar-Bartu’ in the year 1995-96. Acquisition proceedings to acquire some of the land utilized for construction of above noted road was undertaken and the compensation was offered vide award dated 24.11.1997. A part of the land utilized for aforesaid road remained without acquisition and consequently owners of such land were not paid any compensation. On 4.9.2014, another award came to be passed in respect of a part of the land utilized for the aforesaid road.
3. The grievance of the respondents is that their land comprised in Khasra Nos. 610 and 603 situate in Patwar circle Jakhar, Mohal Jakhar, Tehsil Rohru, District Shimla was also utilized by the appellants No. 1 and 2 for construction of the above named road, but no acquisition was undertaken in respect of their land and the compensation was not paid to them either in terms of award dated 24.11.1997 or award dated 4.9.2014.
4. The respondents approached the appropriate authority with a prayer to acquire their land, already utilized for the above noted road. Despite recommendation of their case by appropriate authority, their grievance was not finally settled, which forced them to approach this Court by way of CWP No. 74 of 2019, seeking relief in following terms:
(ii) That the petitioners may kindly be granted same and similar order, which has been granted by this Hon’ble Court in a similar situated case vide judgment dated 09.01.2018 (Annexure P-11).”
5. Appellants contested the writ petition, mainly, on the ground that the claim of the respondents was highly belated. They had approached this Court after about 23 years and for such reasons were not entitled to any relief. It was also urged that the land of the respondents had been utilized for ‘Udho-Niwas-Jakhar-Bartu Road’ with their oral consent. Respondents had enjoyed the facility of road and thus, were estopped from filing the petition.
6. Learned Single Judge vide judgment dated 23.9.2021 passed in CWP No. 74 of 2019 allowed the claim of the respondents and directed the appellants in following terms:
7. In the instant appeal, challenge has been laid to impugned judgment dated 23.9.2021 passed in CWP No. 74 of 2019 again on the ground that the claim of the respondents was highly belated. They had consented for utilization of their land for construction of road and for such reasons, were not entitled to any relief. The appellants have pressed into service the judgment of Full Bench of this Court in Shankar Dass vs. State of Himachal Pradesh passed in CWP No. 1966 of 2010, decided on 02.03.2013, wherein it was held that in cases with identical facts, the appropriate remedy was to approach Civil Court by filing civil suit. The appellants have also placed reliance upon the judgment passed by Hon’ble Supreme Court in State of Maharashtra vs. Digambar, (1995) 4 SCC 683 to support its contention.
8. We have heard learned counsel for the parties and gone through the record available on the file carefully.
9. There is no denial of the
Constitutional court would exercise its jurisdiction with a view to promote justice, and not defeat it.
Article 300A only limits powers of State that no person shall be deprived of his property save by authority of law.
Article 300A only limits powers of State that no person shall be deprived of his property save by authority of law.
The right to property is a constitutional right under Article 300A, and compensation must be paid for land used by the State without due process.
Landowners cannot be deprived of their property without due process and just compensation, regardless of implied consent due to prolonged silence on compensation claims.
Forcible dispossession without due process violates constitutional rights, necessitating initiation of acquisition proceedings and compensation regardless of alleged delay.
The right to property is a constitutional right under Article 300-A, and deprivation without due process is violative of human rights.
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.
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