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Civil · Reportable judgment

State of Himachal Pradesh & Ors. vs Rajiv and Anr.

Court
Supreme Court of India
Date
24 February 2023
Case No.
Civil Appeal Nos.1278 of 2023
Result
Disposed
Bench
M.R. Shah, C.T. Ravikumar
Citation
[2023] 3 S.C.R. 1 : 2023 INSC 159
Supreme Court Reports [2023] 3 S.C.R. 1 : 2023 INSC 159
Headnote

Land Acquisition Act, 1894 – s.4 – Land in question was used by the State for construction of road in the year 1996, however, no compensation was paid and the land was used without acquiring it under the provisions of the 1894 Act – Writ petition filed by respondents-land owners in 2016 –Allowed by Single Judge, appellants directed to initiate the process for acquisition of the land in accordance with law – Division Bench dismissed the LPA filed by the appellants on ground of limitation – Held: When the writ petition and the claim of the land owners to claim the compensation for the land has been opposed by the State solely on the ground of delay and laches, the owners of the land used by the State for construction of the road shall be entitled to the compensation for their lands, on certain conditions, which was used by the State without acquisition – 17.05.1996 (the date of the notification issued u/s.4 for acquisition of the land initially, however was permitted to lapse) be treated as the deemed date of acquisition u/s.4 – Land owners entitled to the compensation considering the market price of the land in question used by the State for construction of the road as on 17.05.1996 – However, considering the fact that there was huge delay of 20 years in filing the writ petition, the land owners are not entitled to any interest under the 1894 Act from 17.05.1996 to the date of filing of the writ petition, but they are entitled to all the statutory benefits which may be available under the 1894 Act from 17.05.1996 – Constitution of India – Arts. 136, 142.

Sukh Dutt Ratra & Anr. Vs State Of Himachal Pradesh & Ors. (2022) 7 SCC 505 : 2022 (4) JT 31 – referred to.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by M. R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 01.10.2020 passed by the High Court of Himachal Pradesh in CMP (M) No.1375 of 2019 in LPA No.50 of 2020 by which the Division Bench of the High Court has refused to condone the delay in preferring the LPA against the judgment and order passed by the learned Single Judge passed in CWP No.771 of 2016, the State of Himachal Pradesh has preferred the present appeal. 2. Though the present appeal is against the impugned order passed by the Division Bench of th
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