HC orders compensation for landowners affected by Gohar-Kandha road
Photo used for indicative purpose only. Source internet
Shimla, Dec 9
The Himachal Pradesh High Court has directed the state government to compensate landowners whose land was utilized for the construction of the Gohar-Kandha Road under the Pradhan Mantri Gram Sadak Yojana (PMGSY) without their consent.
In a recent judgment, a single-judge bench led by Justice Sandeep Sharma emphasized that the unauthorized use of private land constitutes a violation of property rights enshrined in Article 300-A of the Indian Constitution.
The court ordered the state government to initiate land acquisition proceedings within a four-week timeframe and ensure fair compensation for the affected landowners.
The court’s verdict stated, “The Court finds merit in the present petition and accordingly allows the same with direction to the respondents to initiate acquisition proceedings within four weeks under the relevant statute vis-à-vis land of the petitioners. Just and fair compensation should be awarded to the petitioners. Since petitioners have been fighting for their rightful claim for so long, this Court hopes and trusts that the concerned authority will expedite the process, preferably within four months.”
The petitioners, represented by Advocate Dikken Kumar Thakur, argued that their land in Mandi district was used for road construction several decades ago without their consent or any form of compensation. Despite repeated requests since 2018, the authorities had failed to initiate land acquisition proceedings under the Land Acquisition Act.
The state government, represented by Additional Advocate General Rajan Kahol, contended that the road construction commenced between 1990 and 1992 and was subsequently widened in 2006. They argued that the petitioners had impliedly consented to the land use by not objecting for over three decades.
However, the High Court dismissed the state government’s claim of implied consent, citing a lack of evidence to substantiate the assertion that the land was donated willingly.
In light of these precedents, the High Court concluded that the petitioners were entitled to compensation. The court directed the state government to initiate land acquisition proceedings under the relevant statute and ensure that the affected landowners receive just and fair compensation.
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