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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ROMESH VERMA
Pr. Secy. Revenue to the Govt. of H.P. – Appellant
Versus
Budhu – Respondent
| Table of Content |
|---|
| 1. land used for road without compensation; suit decreed below (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments on consent, delay, estoppel rejected (Para 8 , 9 , 12 , 13) |
| 3. welfare state cannot claim adverse possession (Para 14 , 15 , 16 , 17) |
| 4. no property deprivation without due process (art 300a) (Para 18 , 19 , 20) |
| 5. plaintiff entitled to compensation for utilized land (Para 21 , 22) |
| 6. limited interference in second appeals under sec 100 cpc (Para 23 , 24 , 25) |
| 7. appeal dismissed; lower decrees upheld (Para 26 , 27 , 28) |
The present appeal arises out of the judgment and decree, dated 15.01.2025 as passed by the learned District Judge, Bilaspur, H.P. in Civil Appeal No. 29/13 of 2023, whereby the appeal preferred by the present appellants/defendants has been ordered to be dismissed and the judgment and decree dated 31.03.2023, as passed by the learned Senior Civil Judge, Bilaspur, H.P. in Civil Suit No. 72/1 of 2015, titled as Budhu vs. The Principal Secretary, Revenue & others, have been affirmed, whereby the suit filed by the plaintiff/respondent for declaration and mandatory injunction was decreed.
2. Brief facts of the case are that the p
Welfare State cannot deprive property without due process and compensation under Article 300A; adverse possession unavailable to State; delay/laches no bar to suit for continuing deprivation of prope....
The right to property is a constitutional right that cannot be taken without due process of law, and plaintiffs are entitled to compensation for land used by the State for public purposes.
State must compensate citizens for property utilized for public projects under due process. Delay in claiming rights does not preclude entitlement if injustice persists.
State cannot deprive citizen of property for public use without due process and compensation under Article 300A; welfare state barred from adverse possession claim; delay/laches inapplicable to conti....
State cannot deprive individuals of property without due process and must provide just compensation if property is utilized for public use.
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....
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 for public use like road construction; adverse possession, delay, laches, estoppel unavailable despite long delay as continu....
State cannot deprive property owner of land for public road without due process of acquisition and compensation under Article 300A; defenses of delay, acquiescence, estoppel, and adverse possession r....
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....
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