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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ROMESH VERMA
State of H.P. – Appellant
Versus
Pritam Singh – Respondent
| Table of Content |
|---|
| 1. plaintiffs claim compensation for road-constructed land without payment. (Para 1 , 2 , 3 , 4) |
| 2. defendants allege prior compensation paid for acquisition. (Para 5) |
| 3. lower courts decreed suit after trial and appeal. (Para 6 , 7 , 8 , 9) |
| 4. parties argue payment vs. due process violation. (Para 10 , 11) |
| 5. evidence confirms land use without full compensation. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 20 , 23) |
| 6. article 300a mandates due process and compensation. (Para 19 , 21 , 22 , 24 , 25 , 26) |
| 7. no interference absent substantial question of law. (Para 27 , 28 , 29) |
| 8. second appeal dismissed; decrees affirmed. (Para 30 , 31 , 32) |
JUDGMENT :
ROMESH VERMA, J.
1. The present appeal arises out of the judgment and decree as passed by learned Additional District Judge, Sarkaghat, District Mandi, H.P. dated 04.08.2025, whereby the appeal preferred by the State-appellant has been dismissed and the judgment and decree as passed by learned Civil Judge (Senior Division), Sarkaghat, District Mandi, H.P. in Civil Suit No.295/2016 dated 26.09.2023 has been affirmed.
2. Brief facts of the case are that the plaintiffs/respondents filed a suit for declaration and consequential relief
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....
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 individuals of property without due process and must provide just compensation if property is utilized for public use.
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.
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....
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....
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