Dismissed

State of Hp and Others v. Amar Singh and Others

Himachal Pradesh HC20 Sept 2024LPA/249/2024

Case brief

AI extract

What is this about?

The Chief Justice dismissed appeals filed by the State challenging writ orders mandating the State to acquire land used for road construction without compensation. The Court held that delay and laches are inapplicable to continuing land acquisition cases violating Article 300A and that oral consent is invalid.

What did the court decide?

All appeals dismissed; no costs.

State of Hp and Others Vs Amar Singh and Others — Land Acquisition | Himachal Pradesh HC (2024)

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Neutral Citation No. ( 2024:HHC:8859 )

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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		LPA No.249 of 2024 a/w connected matters. Reserved on 09/10/09/2024 Decided on: 20.09.2024
LPA 249 of 2024. State of HP and others Amar Singh and others	Versus	...Appellants ...Respondents
_______________________ LPA 250 of 2024. State of HP and others	_______	________________________ ...Appellants
Locky Devi and others	Versus	...Respondents
_______________________ LPA 253 of 2024. State of HP and others	_______	_________________________ ...Appellants
Garja Ram and others	Versus	...Respondents
_______________________ LPA 258 of 2024. State of HP and others	_______	_________________________ ...Appellants
	Versus
Sanjay Gupta		...Respondent

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Coram

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The Hon'ble Mr. Justice M.S. Ramachandra Rao, Chief Justice The Hon’ble Mr. Justice Satyen Vaidya, Judge Whether approved for reporting? For the appellant(s): Mr. Rakesh Dhaulta, Mr. Sushant Kaprate and Mr. Pranay Partap Singh, Additional Advocates General, Mr. Arsh Rattan, Mr. Sidharth Jalta and Ms. Priyanka Chauhan, Deputy Advocates General.

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For the respondents: Mr. Jagannath, Advocate, for respondents in LPA No. 253 of 2024. Nemo for respondents in other LPAs.

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M.S. Ramachandra Rao, Chief Justice.

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In all these cases, the land of the respondents had been utilized by the appellants for constructing roads without acquiring the same and without paying any compensation to the respondents. 2. Therefore, the respondents approached this Court and sought directions to the appellants to acquire their lands and pay them compensation in accordance with law in a time bound manner.

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The appellants sought to oppose grant of relief to the respondents on the ground of delay and laches, and also on the pretext that while the road was being constructed, the respondents had not raised any objection, but had voluntarily donated the land for construction of the road.

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The learned Single rejected the contentions of the appellants/State by placing reliance on the judgments of the Supreme Court in Vidya Devi vs. State of Himachal Pradesh and others¹ , and Sukh Dutt Ratra vs. State of Himachal Pradesh & others² , wherein, the Supreme Court had held that the plea of delay

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1 (2020) 2 SCC 569

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2(2020) 7 SCC 508

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and laches cannot be raised in the case of a continuing cause of action, especially in land acquisition matters, where acts of the State shock the conscience of the Court; and that to forcibly dispossess a person of his private property without following due process of law, would be violative of a “Human Right” and also a “Constitutional Right” under Article 300A of the Constitution of India; and the plea of oral consent to the acquisition has no legal sanction and cannot be countenanced.

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We completely agree with the reasoning of the learned Single Judge in the impugned judgments and find no merit in the appeals. Accordingly, all these appeals are dismissed. No costs.

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Pending miscellaneous application(s), if any, shall also stand disposed of.

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(M.S. Ramachandra Rao) Chief Justice

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(Satyen Vaidya) Judge

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September 20 , 2024 (cm Thakur)

State of Hp and Others v. Amar Singh and Others

Case brief

What is this about?

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State of Hp and Others v. Amar Singh and Others

Case brief

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