HP HC rules in favor of landowner in Land Acquisition Case
Shimla, October 10
In a recent judgment, the High Court of Himachal Pradesh delivered a verdict in favor of landowners, directing the state to either acquire the disputed land or hand over possession to the respondents. The judgment was rendered on October 6, 2023, in Letters Patent Appeal No. 69 of 2020.
The case, titled State of HP and others vs. Balbir Singh and others, revolved around the utilization of private land for the construction of the Rakkad to Basoli Road by the State without adhering to the provisions of the Land Acquisition Act.
In his oral judgment, the Justice Vivek Singh Thakur emphasized the importance of adhering to legal procedures and the protection of constitutional rights. The Court rejected the State’s claims of obtaining oral consent from landowners for the road construction, highlighting the absence of contemporary relevant records to substantiate these claims.
The Court also dismissed the State’s argument that the petition filed by the respondents should be dismissed on the grounds of delay and laches. Citing the Supreme Court’s ruling in Indore Development Authority vs. Manohar Lal and others, the Court clarified that there is no specific limitation period for the exercise of constitutional jurisdiction to ensure justice.
The judgment further invoked Article 300A of the Constitution, emphasizing the violation of human rights and constitutional rights when private property is forcibly taken without following due legal process.
Consequently, the High Court ordered the State to either acquire the land from the respondents in accordance with the law within six months or hand over possession as directed by the learned Single Judge. The appeal was dismissed along with any pending miscellaneous applications.
This ruling underscores the significance of adhering to legal procedures and protecting the rights of citizens in land acquisition cases, sending a strong message regarding the importance of upholding constitutional rights.
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