Promotees Allowed to Challenge Provisional Seniority List in Dispute Between Direct Recruitment and Promotion: Kerala High Court Frivolous Defenses Cannot Justify Leave to Defend Under Order XXXVII CPC Delhi High Court Candidates Merely Enrolled in Final Year B.V.Sc. Program Ineligible for Veterinary Officer Recruitment: Rajasthan High Court Manufacturing or Sale of Garments Does Not Attract Copyright Protection; Procedural Violations Under Trade Marks Act Renders Prosecution Unsustainable: P&H High Court Ownership Alone Is Not Sufficient to Maintain Eviction Suit; Plaintiff Must Qualify as a Lessor Under Lease Agreement: Calcutta High Court Findings Based on Evidence Cannot Be Interfered With in a Second Appeal Without Substantial Question of Law: AP High Court Chain of Circumstances Broken: Inferences Cannot Replace Proof Beyond Reasonable Doubt: Kerala High Court Bail | Prolonged Incarceration Without Trial Violates Article 21 of the Constitution: Bombay High Court Encroachment on a Common Lane Gives Rise to Recurring Cause of Action: Madras High Court Holds Limitation Act Inapplicable to Pathway Disputes Reproductive Autonomy Includes the Right to Abort Without Spousal Consent: P&H High Court Access to Writ Jurisdiction Under Article 226 is Not an Absolute Bar Against MSEFC Awards: Supreme Court Refers Key Questions on Writ Jurisdiction to Larger Bench Civil Court Jurisdiction Not Ousted for Title and Mortgage Disputes Under SARFAESI Act: Supreme Court Principle of Bail is the Rule, Jail is the Exception: Supreme Court Panchayat Law | Mandatory Compliance With Section 34 And Rule 3 Is Non-Negotiable In Resignation Cases: Bombay High Court Quashes Resignation Of Upa-Sarpanch Recovery of Bullet Fired from Accused’s Weapon Crucial: PH High Court Reaffirms Conviction in Murder Case Injured Witness Evidence Carries Built-in Reliability Unless Contradicted Significantly: Kerala High Court Partly Allows Appeal in Murder Case Civil Dispute with Criminal Elements Cannot Be Quashed Under Section 482 Cr.P.C.: Karnataka High Court Issuance of Summons Under Section 91 CrPC During Preliminary Verification is Without Jurisdiction: High Court of J&K and Ladakh Article 21 Prevails Over NDPS Act’s Section 37 Restrictions in Cases of Prolonged Incarceration: Delhi High Court Once a Property is Waqf, It Remains Waqf Perpetually: Calcutta High Court Affirms No Secular Ownership Can Derive from Waqf Properties Surveillance Without Opportunity to Object Violates Articles 14, 19, and 21: Allahabad High Court Quashes Class-B History Sheets Mandatory Provisions of Order XXI CPC Were Violated, Rendering the Auction Sale Illegal: Punjab and Haryana High Court

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

07 May 2024 8:19 AM

By: Admin


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

Similar News