Voluntary Giving Up Of Land In Pursuance Of State Policy Cannot Disentitle Owner From Claiming Compensation: Himachal Pradesh HC
In a petition seeking compensation against land acquisition initiated two decades back, the Himachal Pradesh High Court recently held that voluntary giving up of land in accordance with the government policy does not come in the way of land owner's right to seek compensation.
The Himachal Pradesh High Court recently condoned 23 years of delay in seeking compensation for acquisition reiterating that there is no period of limitation prescribed for the courts to exercise their constitutional jurisdiction to do substantial justice. Court further dismissed the plea raised by the State that voluntary offering of land for construction of road, as per policy brought by the State, disentitles the landowner from seeking compensation.
A division bench of Chief Justice MS Ramachandra Rao and Justice Ajay Mohan Goel, while allowing the petition, observed, “Since the respondents have utilized a portion of the petitioner’s property for construction of the road in question, though the extent utilized is not very clear, we reject the plea of delay and laches raised by the respondents and hold that the action of the respondents in laying the road through the petitioner’s land without paying any compensation is violative of Articles 14 and 300A of the Constitution of India and declare that the petitioner cannot be denied compensation on the ground of delay and laches as the action of the respondents shocks the conscience of the Court.”
Directions were issued to the State to disburse the payment of compensation within a period of four months. Reliance was placed on the decision in Sukh Dutt Ratra v. State of Himachal Pradesh, (2022) 7 SCC 508 in this regard.
“… the stand of the State that there was a policy for providing roads on demand of residents as a favour to them on conditions that they would not claim compensation, cannot be sustained because such a stand is violative of Article 300A of the Constitution of India”, Court further said with respect to the contention raised by the respondent state.
Brief Background
The present writ petition was filed seeking compensation with respect to a piece of land acquired for the construction of Rohroo-Parsa-Shekhal Road, entries of which were made in the year 1995.
It was contended that no acquisition proceedings or compensation was ever initiated or paid with respect to the aforesaid construction.
On the contrary, respondents contended that the petition suffered with a delay of 23 years and that such acquisition was made pursuant to policy brought in 1998-99 as per which all rural link roads were to be constructed, only if the land owners donate their land free of cost.
It was stated that there was no question of initiating acquisition proceedings as the road was constructed on the demand of the people and claiming compensation for land voluntarily offered then, cannot sustain.
Case Title: Balwant Singh v. State of Himachal Pradesh | CWP No. 7710 of 2021