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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ROMESH VERMA
Principal Secretary Revenue to the Government of H.P. – Appellant
Versus
Madan Lal – Respondent
| Table of Content |
|---|
| 1. plaintiff's land utilized for road without compensation; suit decreed. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. appellants claim perverse findings; respondent invokes due process. (Para 9 , 10) |
| 3. land use admitted; delay, estoppel rejected by lower courts. (Para 11 , 12 , 13 , 14) |
| 4. welfare state cannot claim adverse possession against owner. (Para 15 , 16 , 17 , 18) |
| 5. no property deprivation without due process and compensation (art 300a). (Para 19 , 21) |
| 6. lower courts rightly ordered acquisition and compensation. (Para 22 , 23) |
| 7. second appeal limited to substantial questions of law. (Para 24 , 25) |
CMP (M) No. 1898/2025
For the reasons stated in the application, which is duly supported by an affidavit, and considering the submissions made by learned counsel for both the sides, delay of 233 days in filing the regular second appeal is condoned. Application is allowed and stands disposed of. Appeal be registered.
RSA No.57/2026
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 C. A. No. 28/13 of 2013, whereby the appeal preferred by the present appellants/defendant
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....
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.
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.
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....
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....
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