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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Vivek Singh Thakur, Ranjan Sharma
State of H.P. – Appellant
Versus
Fedru Ram (deceased) through LRs. – Respondent
JUDGMENT :
Vivek Singh Thakur, J.
This appeal has been preferred by the State against judgment dated 18.04.2023, passed in CWP No.4484 of 2019, titled Fedru Ram (since deceased) through LRs and others v. State of Himachal Pradesh and others, whereby learned Single Judge has allowed the petition, directing the appellants-State to initiate acquisition proceedings with respect to the land of the respondents, utilized by the State for construction of road, namely “Udho-Niwas-Jakhar-Bartul”. Operative portion of the judgment reads as under:
“4. That being the case and further taking into consideration the fact that the grievance of the petitioner in the present case is also that their land was utilized in the year 1995-96 for the purpose of construction of Udho-Niwas-Jakhar-Bartu Road, in Tehsil Rohru, District Shimla H.P. without acquiring the same in accordance with law, this writ petition is disposed of with the direction that the directions passed by Hon’ble Single Judge of this Court in CWP No. 74 of 2019, as affirmed by Hon’ble Division Bench of this Court in LPA No. 155 of 2022, shall be construed to have been passed in the present case also and the respondents are directed to take
The State must adhere to legal procedures for land acquisition and ensure timely compensation, dismissing appeals based on delay without merit.
The State cannot take possession of land without compensation, and delay cannot bar justice in land acquisition cases.
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.
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