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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Suresh Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. land utilization without compensation is challenged. (Para 2) |
| 2. arguments regarding delay, consent, and acquisition. (Para 3 , 4 , 5 , 6) |
| 3. court's observations on lack of evidence for consent. (Para 7 , 8) |
| 4. fundamental principles of land acquisition and compensation. (Para 9 , 10 , 11 , 12) |
| 5. the right to compensation and its constitutional basis. (Para 13 , 14) |
| 6. court ordered acquisition proceedings and compensation. (Para 15) |
JUDGMENT :
Sandeep Sharma, J.
Since despite there being utilization of the land of the petitioner for construction of “Thana Prem Nagar road via Turan, Tehsil Jubbal, District Shimla”, petitioner has not been paid compensation by the department after acquiring the land, he has approached this Court in the instant proceedings filed under Article 226 of the Constitution of India, praying therein for following main reliefs:
“(a) Writ of mandamus may kindly be issued to the respondents to initiate acquisition proceeding qua the land of the petitioner used for the construction of Thana Premnagar road via Turan denoted by Khasra Nos. 34 and 35, situated at Up-Mohal Premnagar, Tehsil Jubbal, District Shimla, HP as reflected in Jamabandi Annexure
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.
The right to property is a constitutional right under Article 300-A, and deprivation without due process is violative of human rights.
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 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.
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....
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