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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE SANDEEP SHARMA
Harish Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Sandeep Sharma, J.
1. Since despite utilization of land of the petitioner for the construction of road namely Kharapathar-Sari road, no steps are being taken by the respondents for acquisition of the land of the petitioner and no compensation is paid to him, he is compelled to approach this Court in the instant proceedings under Article 226 of the Constitution of India, praying therein for the following main reliefs:
“a) Writ of mandamus may kindly be issued to the respondents to initiate acquisition proceedings qua the land of the petitioner used for construction of Kharapthar - sari road denoted by Khasra No. 347, 348, 415, 447 and 448 situated at Mohal Sari, Tehsil Jubbal, District Shimla, H.P as reflected in Jamabandi Annexure P-1.”
2. Pursuant to notices issued in the instant proceedings, respondents have filed reply under the signatures of Superintending Engineer, 4th Circle, Himachal Pradesh Public Works Department, Rohru, wherein there is no denial to the fact that land of the petitioner stands utilized for construction of road, as detailed herein above, but attempt has been made to defeat the claim of the petitioner on the ground of delay and laches.
3. It is averred
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.
Landowners cannot be deprived of their property without due process and just compensation, regardless of implied consent due to prolonged silence on compensation claims.
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.
Forcible dispossession of property without due process violates constitutional rights; delay and laches are not applicable in cases of continuing cause of action.
(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....
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....
State cannot dispossess individuals of property or utilize land for public purpose without legal acquisition and just compensation, reinforcing constitutional property rights.
Welfare State cannot deprive property without due process and compensation under Article 300A; cannot plead adverse possession or delay against owners seeking payment for land used in public road con....
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.
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