IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE SANDEEP SHARMA
Ganesh Dutt – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Sandeep Sharma, J.
Petitioners herein are compelled to approach this Court in the instant proceedings on account of the fact that though respondents used their land comprised in Khasra No.230, 241, 240 146, 159/1, 141 and 128 in Mauza Shihardi Chamara and in Khasra No.41, 51 and 59 of Mauza Sihardi Kolian, Tehsil Kasauli, District Solan, Himachal Pradesh, for construction of link road from ‘Dharampur Senior Secondary School to Shihardi Chamara, Shiharadi Kolian, Tehsil Kasauli, District Solan, Himachal Pradesh’ and laying of water pipelines alongside the road, however, fact remains that till date, no compensation has been paid and as such, petitioners have approached this Court in the instant proceedings filed under Article 226 of the Constitution of India, praying therein for following main relief:-
“i. By issuing writ of mandamus or a writ of similar nature directing the respondents to stop laying down of the water pipelines nearby houses of the petitioners village and to seek another option for laying pipes on other spots as suggested by villagers.
ii. By issuing writ of mandamus or a writ of similar nature directing the respondents to acquire the land of the petitioner s
Forcible dispossession of property without due process violates constitutional rights; delay and laches are not applicable in cases of continuing cause of action.
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.
The right to property is a constitutional right under Article 300-A, and deprivation without due process is violative of human 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.
State cannot dispossess individuals of property or utilize land for public purpose without legal acquisition and just compensation, reinforcing constitutional property rights.
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....
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....
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