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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
G.S. SANDHAWALIA, C.J., RANJAN SHARMA
State of HP – Appellant
Versus
Harish Chander – Respondent
JUDGMENT :
G.S. Sandhawalia, C.J.
Consideration is sought in the present Letters Patent Appeal to the judgment passed by the learned Single Judge in CWP No. 10652/2023 decided on 24.10.2024, whereby the learned Single Judge issued directions to the appellant/State to initiate acquisition proceedings within four weeks under the relevant statute of the land of the petitioners and pay just and fair compensation to them. The land having been utilized as such in the year 2006, led to the said direction being passed by the learned Single Judge as such for construction of the Beulia-Koel-Sanog road. The learned Single Judge relied upon the judgments inState of Himachal Pradesh vs. Umed Ram Sharma (1986) 2 SCC 68, and Hari Krishna Mandir Trust vs. State of Maharashtra and others (2020) 9 SCC 356 for the grant of necessary relief while falling back on Article 300A of the Constitution of India and while repelling the argument raised that the land had been utilized on account of the consent of the land owners that they would not seek compensation.
2. A perusal of the pleadings in the writ petition would go on to show that the construction of the road was done in the year 2014-2015 and compensati
The court affirmed that landowners are entitled to compensation under Article 300A when their land is utilized for public purposes without proper acquisition procedures.
Landowners are entitled to compensation for land utilized for public purposes unless there is clear evidence of voluntary surrender, as mandated by Article 300-A of the Constitution.
The State must compensate landowners for land used in public projects without formal acquisition, emphasizing the necessity of due process.
Landowners cannot be deprived of property rights without lawful authority, and the burden of proof lies with the State to demonstrate voluntary donation of land.
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.
Landowners are entitled to due process and compensation for property utilized by the State without formal acquisition, as under Article 300A of the Constitution.
Landowners cannot be deprived of their property without due process and just compensation, regardless of implied consent due to prolonged silence on compensation claims.
The court ruled that landowners are entitled to compensation for land utilized for public projects without proper acquisition, emphasizing constitutional rights and the invalidity of claims of volunt....
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