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RAJESH SHANKAR
Shahnawaz Sheikh – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
HON'BLE MR. JUSTICE RAJESH SHANKAR
The present writ petition has been filed for issuance of direction upon the respondents to pay compensation to the petitioner with respect to the land appertaining to Khata No. 1, Plot No. 1, measuring an area of 2.50 acres of Mouza-Naisarai, P.S Ramgarh Cantt. (Old P.S Mandu), District-Hazaribagh (now Ramgarh) or for issuance of direction upon the respondent-CCL to hand over the vacant possession of the said land to the petitioner as according to him, the respondent-CCL has forcibly taken possession of the said land.
2. Learned counsel for the petitioner submits that petitioner’s father namely, Haider Sheikh @ Sheikh Mohammad Haider Ali and his brother namely, Sheikh Ahmad Raja had purchased the said land by virtue of sale deed dated 30.11.1972 from the erstwhile owner namely, Shri Mahesh Tiwari and thereafter they got their name mutated vide order dated 21/29.04.1975 passed in Mutation Case No. 383 of 1974-75. The rent of the said land was also paid from the year 1975 to 1979. However, the respondent-CCL illegally took possession of the said land and constructed houses thereupon. As soon as the petitioners’ father came to know about the sai
Inordinate delay undermines claims for compensation in land disputes unless justified.
The High Court may refuse relief due to delay and laches, particularly when third-party rights have accrued, prioritizing timely claims and the integrity of past compensations.
Article 300A only limits powers of State that no person shall be deprived of his property save by authority of law.
Article 300A only limits powers of State that no person shall be deprived of his property save by authority of law.
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 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....
(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....
Forceful dispossession and use of private land for public purpose without following due process of law violates the constitutional right under Article 300A, and delay cannot negate the claim for comp....
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