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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
G.S. SANDHAWALIA, C.J., RANJAN SHARMA
State of HP – Appellant
Versus
Vikram – 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. 3841/2023, decided on 14.10.2024, whereby direction had been issued in favour of the petitioners that the State is bound to pay market value of the land to the petitioners for utilizing their land for the purpose of construction of the road.
2. The learned Single Judge had relied upon the earlier judgment passed by a Co-ordinate Bench in CWP No. 3452/2023 titled Nathu Ram and another vs. State of HP & other decided on 19.07.2023, since the acquisition was for the same purpose, namely, construction of Bella-Siyasu road under HPPWD Shillai Division. It was also noticed that the appellant/State counsel as such had submitted that the petitioners were similarly situated persons and the case of the petitioners was covered by the said decision.
3. The stand taken by the State as such before the learned Single Judge was that there was voluntary offer of land for the construction of the road and there was no objection raised and usual plea of delay and laches was also taken that the road had been constructed under the Prdhan Mantri Gram Sad
The State must compensate landowners for land used in public projects without formal acquisition, emphasizing the necessity of due process.
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.
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.
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....
(1) Article 300A though not a fundamental right but nevertheless it has status of being a constitutional or a statutory right.(2) Acquisition of land – Non-payment of compensation would be arbitrary ....
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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