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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
G.S. Sandhawalia, C.J., Ranjan Sharma
State of Himachal Pradesh – Appellant
Versus
Amar Singh – Respondent
JUDGMENT :
Ranjan Sharma, J.
State of Himachal Pradesh, has come up before this Court in Letters Patent Appeal, assailing the judgment passed by Learned Single Judge in Amar Singh versus State of Himachal Pradesh & others, CWP No.9090 of 2022, decided on 14.05.2024, {herein, the Impugned judgement} whereby, the writ petition filed by the Respondent herein-Writ petitioner Amar Singh was allowed with directions to appellants herein to initiate the acquisition proceedings of land used for the construction of road, within a period ofsix weeks.
FACTUAL MATRIX IN WRIT PETITION IN CWP No. 9090 OF 2022:
2 Respondent-writ petitioner, Amar Singh, filed a petition under Article 226 of the Constitution of India, praying for a direction to the State Authorities- Appellants herein to initiate acquisition proceedings qua the land as described in writ petition under the Land Acquisition Act and with second prayer to allow exchange of 4 Marlas of government owned in Khasra No 111 in lieu of 6 Marlas of his land in Khasra No. 124, which was utilized for construction of road during the year 1984-1985 from Hamirpur to Sarkaghat via Bhukkar Bajoura, Tanamorh, Kalahu [Amroh to Chandruhi as per reply].
In thi
The court affirmed that oral consent for land acquisition must be evidenced in writing, and deprivation of property without compensation violates constitutional rights.
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.
The court held that delay does not negate the right to compensation for property unlawfully appropriated by the State, emphasizing the need for due process and just compensation under established law....
Welfare State cannot deprive property without due process and compensation under Article 300A; cannot plead adverse possession or delay against owners seeking payment for land used in public road con....
The duty to compensate upon land acquisition is a constitutional safeguard, ensuring no individual is deprived of property without legal due process and fair compensation, embodied in Article 300A.
Landowners are entitled to due process and compensation for property utilized by the State without formal acquisition, as under Article 300A of the Constitution.
(1) State cannot shield itself behind ground of delay and laches in such a situation – There cannot be a limitation to doing justice.(2) Acquisition of land – Nobody can be deprived of liberty or pro....
Landowners cannot be deprived of their property without due process and just compensation, regardless of implied consent due to prolonged silence on compensation claims.
Article 300A only limits powers of State that no person shall be deprived of his property save by authority of law.
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