In significant judgments rendered by Hon’ble Justice Sandeep Sharma, the intricacies of constitutional and property rights were brought to the forefront, highlighting the enduring struggle between individual rights and state obligations. This case, steeped in legal complexities, revolves around the unauthorized utilization of an individual’s land by the state for constructing a road without the payment of any compensation to the landowner. The petitioner, feeling aggrieved by the state’s actions, approached the Court under Article 226 of the Constitution of India, seeking redressal and compensation for the unauthorized utilization of his land. This blog post aims to dissect the legal nuances of this case, exploring the arguments presented, the legal principles invoked, and the final judgment rendered by the Court. The case serves as a poignant reminder of the sanctity of property rights and the paramount importance of upholding constitutional provisions and human rights in the face of state actions.
Analysis of the Case:
Facts of the Case: The petitioner’s land was utilized by the respondent-State for the construction of a road under the Pradhan Mantri Gram Sadak Yojana in 1990-1991. Despite the utilization, no compensation was paid to the petitioners, compelling them to approach the Court seeking relief and compensation.
Arguments Presented: The respondent-State argued that the petitioners and similarly situated persons never raised objections and voluntarily donated land for the construction of the road, implying implied consent. The petitioners contested that they never gave consent for the construction of the road without compensation and emphasized their continuous loss and repeated requests to initiate acquisition proceedings.
Court’s Reasoning: The Court relied on precedents and constitutional provisions to establish that the right to property is a constitutional and human right under Article 300-A, and individuals cannot be deprived of their property without due process of law and just compensation. The Court rejected the respondent-State’s arguments of delay and laches, stating that such contentions cannot be raised in cases of a continuing cause of action, especially in land acquisition matters.
Final Judgment: The Court allowed the petition, directing the respondents to initiate acquisition proceedings under the relevant statute for the petitioner’s land within four weeks and award just and fair compensation to the petitioners expeditiously, preferably within two months.
Citations & References: Several cases were cited to reinforce the arguments and the final judgment:
- Vidya Devi v. State of Himachal Pradesh, (2020) 2 SCC 569: Highlighted that the plea of delay and laches cannot be raised in the case of continuing cause of action, especially in land acquisition matters.
- Sukh Dutt Ratra v. State of Himachal Pradesh, (2022) 7 SCC 508: Reiterated the principles laid down in Vidya Devi regarding delay and laches in land acquisition matters.
- State of Himachal Pradesh v. Umed Ram Sharma, (1986) 2 SCC 68: Emphasized the importance of road access for residents of hilly areas and declared that every person is entitled to life as enjoined in Article 21 of the Constitution of India.
- Hari Krishna Mandir Trust v. State of Maharashtra, (2020) 9 SCC 356: Stressed that the right to property is a constitutional right under Article 300A of the Constitution of India and also a human right.
Conclusion: This judgment underscores the importance of upholding constitutional and human rights related to property and emphasizes the State’s obligation to adhere to legal procedures and compensate landowners fairly when acquiring land. It sets a precedent for future cases where land is acquired without following due process of law and without paying due compensation, reinforcing the principles of justice, equity, and good conscience in the legal framework.
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Deven Khanna,
Advocate,
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