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VIVEK JAIN
Jagdish Prasad Shukla – Appellant
Versus
State of Madhya – Respondent
ORDER
1. The present petition has been filed under Article 226 of the Constitution of India being aggrieved by the action of the respondents in constructing a road on the land of the petitioners without acquisition. They further seek a direction to the respondents to award proper compensation to the petitioners as per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
2. The counsel for the petitioners has stated that the petitioners own a total land measuring 2.24 Acres in survey No. 743 situated at Village Karahiya, Tehsil Huzur, Distt. Rewa. The said land adjoins Government land in survey No. 742. Out of the private land of the petitioners, 1.04 acres has been unauthorisedly utilised by the State authorities for construction of road. This has been done without any acquisition, nor giving any compensation to the petitioners. It is also stated that when the petitioners got the land demarcated, then it became clear that the land of the petitioners has been utilised for construction of road. This demarcation report dated 24.6.2013 is on record as Annexure P-3. This report clearly mentions that the road has
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.
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.
Article 300A only limits powers of State that no person shall be deprived of his property save by authority of 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 right to property is a constitutional right under Article 300-A, and deprivation without due process is violative of human rights.
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....
Forcible dispossession of property without due process violates constitutional rights; delay and laches are not applicable in cases of continuing cause of action.
(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....
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