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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
G.S. SANDHAWALIA, C.J., RANJAN SHARMA
State of HP – Appellant
Versus
Surya Kant – Respondent
JUDGMENT :
G.S. Sandhawalia, Chief Justice
Consideration in the present Letters Patent Appeal filed by the State is to the judgment passed by the learned Single Judge in CWP No.1627/2023 titled Surya Kant vs. State of HP and others dated 09.01.2025, wherein directions have been issued to initiate acquisition proceedings within four weeks under the relevant statute for the land which has been utilized by the State for the construction of the road, namely, Jarol-Khai Ghat via Behana.
2. The learned Single Judge noticed that the acquisition was for the land falling in Mohal Behana sub- Tehsil Dehar, District Mandi, HP and link road had to be constructed in the year 2003-2004. The respondents, vide notification had ordered acquisition of three khasra numbers situated in village Jyor and award No. 1/2020 was also passed but other khasra numbers of the adjoining village Mohal where the land was situated were not acquired. It is in such circumstances, the stand of the State that the road had been constructed on account of voluntary donation by the land owners was rejected. The judgments in Vidya Devi vs. State of Himachal Pradesh and others (2020) 2 SCC 569 and Sukh Dutt Rattra vs. State of
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 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 court affirmed that landowners are entitled to compensation under Article 300A when their land is utilized for public purposes without proper acquisition procedures.
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....
The State must compensate landowners for land used in public projects without formal acquisition, emphasizing the necessity of due process.
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.
The State cannot take possession of land without compensation, and delay cannot bar justice in land acquisition cases.
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