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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE SANDEEP SHARMA
Sauju Ram – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Sandeep Sharma, J.
Since despite utilization of land of the petitioners for the construction of road namely Jarol-Khai Ghat via Behna, no steps were taken by the respondents for acquisition of the land of the petitioners and no compensation was paid to the petitioners, they are compelled to approach this Court in the instant proceedings under Art. 226 of the Constitution of India, praying therein for the following main reliefs:
“a) Writ or Mandamus, or any other writ, order, directions be issued to the respondents to follow the procedure of law by initiating proceedings under the LAND ACQUISITION ACT for acquiring the land of the petitioner in Khasra No. 346 situated at Mohal Sohar, Sub-Tehsil Dehar, District Mandi, H.P.
b) That the respondents may kindly be directed to proceed in accordance with law in a time bound manner so that further harassment/ litigations, humiliation of the petitioners could be avoided.”
2. Precisely, the facts of the case, as emerge from the record, are that in 2003-04, respondent-State constructed a link road namely Jarol-Khai Ghat via Behna under Pradhan Mantri Gram Sadak Yojana. Though, for the construction of aforesaid road, land of petitioners
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.
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 are entitled to due process and compensation for property utilized by the State without formal acquisition, as under Article 300A of the Constitution.
Forcible dispossession of property without due process violates constitutional rights; delay and laches are not applicable in cases of continuing cause of action.
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.
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....
State cannot dispossess individuals of property or utilize land for public purpose without legal acquisition and just compensation, reinforcing constitutional property rights.
State cannot utilize private land for roads without due process and compensation; unsubstantiated oral consent rejected; welfare state barred from adverse possession; concurrent findings upheld absen....
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