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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
G.S. SANDHAWALIA, C.J., RANJAN SHARMA
State of HP – Appellant
Versus
Joginder Singh – Respondent
JUDGMENT :
G.S. Sandhawalia, C.J.
CMP[M] No.2090 of 2024 in LPA No.64 of 2025 and CMP(M) No.77 of 2025 in LPA No.65 of 2025
Keeping in view the averments made in the applications, duly supported by affidavits, we are of the opinion that sufficient cause has been made out to condone the delay. Therefore, delay of 153 days [in CMP(M) No.2090 of 2025] and 238 days [in CMP(M) No.77 of 2025] in filing the appeals are condoned.The applications stand disposed of.
The appeals be registered.
LPA Nos.64 and 65 of 2025
2. The present set of appeals have been directed against the judgments of learned Single Judge dated 14.05.2024 and 15.03.2024. The learned Single Judge has disposed of the writ petitions by directing to initiate the acquisition proceedings qua the land used for construction of road namely Shimla Mataur Road, keeping in view the law settled by the Apex Court in Vidya Devi Versus State of Himachal Pradesh & Others (2020) 2 SCC 569 and Sukh Dutt Ratra & Anr. Versus State of Himachal Pradesh & Ors., (2022) 7 SCC 508.
3. Learned Single Judge also noticed that no reply had been filed and similar benefit already stood extended in the cases of Sat Dev Sharma & Ors. Versus State of Himachal P
The State cannot take possession of land without compensation, and delay cannot bar justice in land acquisition cases.
(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....
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 right to property is a constitutional right under Article 300-A, and deprivation without due process is violative of human rights.
Landowners are entitled to due process and compensation for property utilized by the State without formal acquisition, as under Article 300A of the Constitution.
It is well-settled that under Article 226, power of High Court to issue an appropriate writ is discretionary.
Landowners cannot be deprived of their property without due process and just compensation, regardless of implied consent due to prolonged silence on compensation claims.
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....
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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