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SALIL KUMAR RAI, ARUN KUMAR SINGH DESHWAL
Mutuni – Appellant
Versus
Collector Sant Ravi Das Nagar – Respondent
JUDGMENT :
(Salil Kumar Rai, J.)
The petitioner is the Bhumidhar of Plot No. 437 (area 0-3-0) and Plot No. 438 (area 0-7-5) situated in Village Lakhanpur alias Abhayanpur, Tehsil Bhadohi, District Sant Ravidas Nagar. The total area of the aforesaid plots is 10 bissa 5 dhur (0-10-5). The said fact is supported by the Khatauni of the plots annexed as Annexure No. 1 to the writ petition. In 1998, the State Public Works Department, Gyanpur, District Sant Ravidas Nagar, Bhadohi took possession of the aforesaid plots for construction of Morwa Bridge on Bhadohi -Varanasi Road without acquiring the plots and without following the procedure prescribed in the Land Acquisition Act, 1894 (hereinafter referred to as, ‘Act, 1894’) or in any other relevant statute. No compensation was paid to the petitioner for the aforesaid plots despite repeated representations by the petitioner to the State Government and its officers. The petitioner filed C.M. Writ Petition No. 17681 of 2002 in this Court which was disposed of by order dated 29.4.2002 directing the Collector/District Magistrate, Sant Ravidas Nagar to decide the representation submitted by the petitioner for payment of compensation. In respons
The State cannot dispossess a citizen of his property without following due process of law and paying adequate compensation.
The main legal point established in the judgment is the entitlement of a landowner to compensation and statutory benefits under the Land Acquisition Act, 1894, in accordance with Article 300-A of the....
The court affirmed the obligation of the state to pay compensation for land acquisition as mandated by law, emphasizing the validity of the award and the constitutional right to property.
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.
Subsequent purchasers of land can only claim compensation based on their vendors' titles and cannot challenge acquisition proceedings initiated under different statutes.
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