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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
G.S. SANDHAWALIA, RANJAN SHARMA
State of Himachal Pradesh – Appellant
Versus
Charan Dass – Respondent
JUDGMENT :
Ranjan Sharma, J.
CMP(M) No. 107 of 2025
State of Himachal Pradesh, being appellant, has filed this application seeking condonation of 93 days delay in filing accompanying Letters Patent Appeal, in assailing the judgement dated 13.08.2024, {referred as Impugned Judgement}, passed by Learned Single Judge in CWP No. 4226 of 2022.
Perusal of the application reveals that appellant received intimation of passing of judgementdated 13.08.2024 from office of Advocate General on 26.09.2024 and thereafter steps were taken by Land Acquisition Collector and Executive Engineer, Karsog on 28.09.2024 and then by Engineer-in- Chief (PW), and the Govt, when, advice from Law Department was received on 21.10.2024. Thereafter the Appellant No 1-Secretary (PW) vide letter dated 30.11.2024 directed the official concerned to assail the impugned judgement in LPA. Pursuant thereto, steps were taken for drafting LPA by Executive Engineer, Karsog and upon approval of the higher authorities, LPA was vetted on 16.12.2024 and was submitted to the office of learned Advocate General on 18.12.2024. The draft LPA was vetted and was finally filed before this Court on 02.01.2025.
Upon listing of this applicatio
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 affirmed that oral consent for land acquisition must be evidenced in writing, and deprivation of property without compensation violates constitutional rights.
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 right to property is a constitutional right under Article 300-A, and deprivation without due process is violative of human rights.
(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....
Article 300A only limits powers of State that no person shall be deprived of his property save by authority of law.
Welfare state cannot deprive property without due process and compensation for public use like road construction; adverse possession, delay, laches, estoppel unavailable despite long delay as continu....
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....
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