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ANANDA SEN
Shailendra Kumar Gupta – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SRI ANANDA SEN, J.
Heard the learned counsel for the parties.
2. Ms. Nancy Sahay, Deputy Commissioner, Hazaribagh, Sri Vidya Bhushan Kumar, SDM, Hazaribagh, Sri Shailendra Kumar Lal, Municipal Commissioner, Hazaribagh and Ramesh Kr. Suri, EE HMC, Hazaribagh appear before this Court pursuant to earlier order passed by the Co-ordinate Bench of this Court.
3. This writ petition is being disposed of at this stage itself.
4. Both the petitioners are brothers, have approached this Court for the following relief(s):-
(ii) For direction upon the respondents to restrain the construction of drainage over the raiyati land of the petitioners in utter violation of Jharkhand Municipal Act, 2011.
(iii) For direction upon the respondents to construct the drainage after acquisition of land and following the procedure of law and grant compensation accordingly.
(iv) For direction upon the respondents particular the respondent No. 4 to stop the construction work of drainage till acquisition of land
The State must adhere to due process in land acquisition, ensuring compensation is paid before dispossession, as mandated by Article 300-A of the Constitution.
Forcible dispossession of property without due process violates constitutional rights; delay and laches are not applicable in cases of continuing cause of action.
Landowners have a constitutional right to compensation for land utilized for public projects, and claims cannot be dismissed based on implied consent or delay in seeking redress.
The duty to compensate upon land acquisition is a constitutional safeguard, ensuring no individual is deprived of property without legal due process and fair compensation, embodied in Article 300A.
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....
Landowners cannot be deprived of their property without due process and just compensation, regardless of implied consent due to prolonged silence on compensation claims.
The court affirmed that the right to property is a human right, requiring lawful acquisition and compensation when expropriated, underlining legal obligations of the State in welfare contexts.
Landowners are entitled to due process and compensation for property utilized by the State without formal acquisition, as under Article 300A of the Constitution.
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