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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
| Table of Content |
|---|
| 1. land must be compensated if used for public construction. (Para 2 , 3) |
| 2. petitioners sought court intervention due to lack of compensation. (Para 4 , 5) |
| 3. respondents argue implied consent for land use. (Para 6 , 7 , 8) |
| 4. petitioners refute claims of consent and seek justice. (Para 9 , 10) |
| 5. disputed land utilization warrants legal compensation process. (Para 11 , 14) |
| 6. judicial discretion allows for the condoning of delays in land compensation. (Para 12 , 13) |
| 7. final ruling to initiate acquisition and provide compensation. (Para 16) |
| 8. no voluntary consent for land use justifies compensation claims. (Para 17 , 18) |
| 9. state must adhere to due process for land acquisition. (Para 20 , 21) |
| 10. court orders initiation of acquisition proceedings with compensation. (Para 22) |
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 ther
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.
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