State of Himachal Pradesh and others vs Charan Dass

Headnote AI-drafted · Reviewed and approved

The appellant-State filed a Letters Patent Appeal challenging the judgment dated 13.08.2024 of a learned Single Judge in CWP No. 4226 of 2022, whereby the Single Judge had directed the State authorities to initiate the process of acquiring the respondent's land utilised for construction of Mahota-Bagshar Road under the Pradhan Mantri Gram Sadak Yojana (PMGSY) and to pay compensation in accordance with law. The Division Bench, after condoning the delay of 93 days in filing the LPA on being satisfied that sufficient cause existed, proceeded to hear the appeal on merits.

The core controversy was whether the respondent-landowner was entitled to compensation for his land utilised for construction of a PMGSY road, particularly when co-owners of adjoining land parcels (Bhoop Ram and Neem Chand) had already been accorded the benefit of acquisition and compensation pursuant to earlier writ petitions and an Award dated 22.02.2022. The State contended that the road was constructed on the verbal consent of the petitioner, that there was no provision under PMGSY for acquisition or payment of compensation, and that the claim was barred by delay and laches.

The Division Bench upheld the findings of the learned Single Judge, who had relied on the Full Bench judgment of the Himachal Pradesh High Court in State of Himachal Pradesh and others vs. Sita Ram Sharma (LPA No. 33 of 2021 decided on 30.03.2022) to hold that landowners whose land is utilised for PMGSY road construction are entitled to compensation unless it is proved to the Court's satisfaction that the land was voluntarily donated or given willingly in writing and substantiated by material on record. Since the State failed to establish voluntary donation and had extended similar benefits to co-owners, the LPA was dismissed and the impugned judgment was affirmed.

Catchwords: Letters Patent Appeal · land acquisition · compensation · Pradhan Mantri Gram Sadak Yojana · PMGSY · road construction · voluntary donation · equality of treatment · delay and laches · condonation of delay · writ petition · right to compensation · Full Bench judgment