Landowners Entitled to Compensation for Road Construction, Rules Himachal Pradesh High Court

Shimla, August 19, 2023  - In a significant judgment, the Himachal Pradesh High Court, presided over by Hon’ble Mr. Justice Sandeep Sharma, has ruled that landowners whose land has been utilized for road construction are entitled to compensation. The court’s decision came in response to a civil writ petition filed by Ram Dhan and another petitioner against the State of Himachal Pradesh.

The petitioners had approached the court seeking compensation for their land, which was used for the construction of the Jarol-Khai Ghat road via Behna. Despite the utilization of their land, the petitioners were not compensated, leading them to approach the court under Article 226 of the Constitution of India.

In the judgment delivered on August 19, 2023, Justice Sandeep Sharma observed, “The State cannot dispossess a citizen of his property except in accordance with the procedure established by law.” The court categorically rejected the argument of delay and laches raised by the respondents, referring to the precedents set by judgments such as Vidya Devi v. State of Himachal Pradesh and others (2020) 2 SCC 569 and Sukh Dutt Ratra v. State of Himachal Pradesh and others (2022) 7 SCC 508.

Justice Sharma emphasized the constitutional and human right to property under Article 300-A of the Constitution of India and underscored the importance of access to roads in hilly areas. The court also referred to the State of Himachal Pradesh v. Rajiv and others (Civil Appeal No. 1278 of 2023), where the issue of compensation for land utilized for road construction was discussed.

The judgment directed the respondents to initiate acquisition proceedings and award just and fair compensation to the petitioners within a stipulated timeframe. The court expressed hope that the authorities would expedite the resolution of the matter to address the petitioner’s rightful claim.

This ruling by the Himachal Pradesh High Court serves as a significant precedent for landowners whose property is utilized for public infrastructure projects. It reinforces the principle that individuals cannot be deprived of their property without proper compensation, in accordance with the law.

Decided on: August 19, 2023

Ram Dhan And Another vs State Of Himachal Pradesh And