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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ROMESH VERMA
State of H.P. though Pr. Secy. (PW) to the Govt. of H.P. – Appellant
Versus
Purnu Devi (deceased) through her LRs – Respondent
| Table of Content |
|---|
| 1. land used for road without lawful acquisition. (Para 1 , 2) |
| 2. lower courts decreed compensation despite trial dismissal. (Para 3 , 4 , 5 , 6 , 7) |
| 3. limitation and estoppel rejectable against property owners. (Para 8 , 9) |
| 4. admitted unauthorized land use without consent. (Para 10 , 11 , 12 , 13 , 17) |
| 5. welfare state cannot claim adverse possession. (Para 14 , 15 , 16) |
| 6. article 300a mandates due process and compensation. (Para 18 , 19 , 20) |
| 7. owners entitled to compensation for utilized land. (Para 21 , 22) |
| 8. limited interference in second appeal on facts. (Para 23 , 24 , 25) |
| 9. appeal dismissed upholding lower court decree. (Para 26 , 27 , 28) |
JUDGMENT :
Romesh Verma, J.
CMP (M) No. 59 of 2025
The present application has been filed for condonation of delay in filing the present appeal. It has been averred in the application that the judgment and decree as passed by the learned Additional District Judge-I, Mandi, HP is under challenge. Certified copy of the judgment was applied on 13.12.2024, which was attested on 28.12.2025 and delivered on 01.01.2025. Thereafter, the same was received from the District Attorney, Mandi, H.P. and thereafter, it remained pending in dif
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 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 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 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 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 individuals of property without due process and must provide just compensation if property is utilized for public use.
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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