High Court of Himachal Pradesh, Shimla (Division Bench: Vivek Singh Thakur & Rakesh Kainthla, JJ.) — LPA No. 418 of 2024, decided 02.12.2024 (oral judgment by Vivek Singh Thakur, J.). Appeal by State of H.P. against Single Judge judgment dated 10.10.2023 in CWP No. 2423 of 2023 (Ram Dhan and Bakshi Ram v. State of H.P. & others), which had disposed of the writ petition by applying mutatis mutandis the directions in CWP No. 2948 of 2023 (Manbhari & ors.) and directing initiation of acquisition proceedings, completion preferable within two months, for the respondents' land (Khasra Nos. 229, measuring 12-5-111 bighas, Mohal Behna, Sub Tehsil Dehar, District Mandi, H.P.) utilised by the State in 1979-80 for construction of the Dehar to Triphalghat Road. Held: (i) the State's plea that the petitioners were not entitled to relief on grounds of delay and laches does not prevail — the case is squarely covered by the Division Bench's consistent dismissals of identical State appeals (twelve LPAs decided between February and November 2024, and six further LPAs by common judgment dated 10.09.2024, including dismissal of LPA No. 240 of 2024 brought against the Manbhari judgment itself); (ii) the Advocate General side's prayer to recast the relief as deemed acquisition of the land at the time of utilisation is untenable — such directions would create chaos and confusion as to adequate and fair compensation, and there is no provision for deemed acquisition either under the old Land Acquisition Act, 1894 or under the RFCTLARR Act, 2013, compensation being determinable only through due process under the applicable Act; (iii) the impugned judgment exhibits no illegality, irregularity or perversity — appeal dismissed as devoid of merits, consequential action per the Single Judge's judgment to be taken within four weeks, and appeal disposed of with pending miscellaneous applications. The Court notes the Supreme Court precedent line underpinning the consistent dismissals (Vidya Devi vs. State of H.P. & others, (2020) 2 SCC 569; Sukh Dutt Ratra v. State of H.P., (2022) 7 SCC 508; SLP (C) No. 10492 of 2023, Dharnidhar Mishre (D); Civil Appeal No. 6466 of 2024, Kolkata Municipal Corporation v. Bimal Kumar Shah; and SC order dated 22.11.2024 dismissing the State's SLP in Upender Kumar's case, observing that property remains a constitutional right and the State cannot take possession of citizens' land without paying appropriate compensation), questions the utility of the State's reference to its still-pending SLP (Nek Ram), and records that the State's repeat appeals in identical matters run contrary to its own Litigation Policy — no costs imposed on a lenient view.
