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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
G.S. SANDHAWALIA, C.J., RANJAN SHARMA
State of HP – Appellant
Versus
Chhaju Ram – Respondent
JUDGMENT :
G.S. Sandhawalia, C.J.
Since common question of facts and law are involved in both these Letters Patent Appeals, hence they are taken up together for disposal.
2. Consideration in these two set of Letters Patent Appeals is to the judgments passed by the learned Single Judge in CWP No.4256/2024 titled Chhaju Ram vs. State of HP and others dated 29.10.2024 (subject matter of LPA No. 215 of 2025) and in CWP No. 2786/2023 titled Gian Chand versus State of HP and others decided on 12.01.2024, subject matter of LPA No. 220 of 2025), whereby the writ petitions filed by the petitioner(s) therein were allowed.
3. The learned Single Judge while granting the relief as such to the petitioner in CWP No. 4256/2024 titled Chhaju Ram vs. State of HP and others dated 29.10.2024 (subject matter of LPA No. 215 of 2025) directed the State to initiate acquisition proceedings within four weeks under the relevant statute vis-a-vis land of the petitioner and thereafter to pay just and fair compensation qua the land of the petitioner within a period of two months since the same had been utilized for the construction of the road namely, Pung to Taleli via Chai Ka Dora.
4. The learned Single Judge noti
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....
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 affirmed that landowners are entitled to compensation under Article 300A when their land is utilized for public purposes without proper acquisition procedures.
The State cannot take possession of land without compensation, and delay cannot bar justice in land acquisition cases.
The State must compensate landowners for land used in public projects without formal acquisition, emphasizing the necessity of due process.
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