The Right to Fair Compensation invoked in a case of land acquisition by the State

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In the judgment of Basti Ram and Another vs. State of Himachal Pradesh, CWP No. 966 of 2021, the High Court of Himachal Pradesh, presided over by Justice Ajay Mohan Goel, addressed an issue concerning the right to fair compensation for land acquisition. Decided on November 1, 2023, this case underscores the constitutional rights of property owners under Article 300A and the necessity of following due legal process in land acquisition.

Facts of the Case:

The petitioners claimed ownership of land parcels used for constructing the Jathia Devi-Rampur Keonthal road. They alleged the land was utilized without acquisition or compensation, thereby infringing upon their legal rights.

Key Dates

  • Case Filing: CWP No. 966 of 2021
  • High Court Decision: November 1, 2023

Arguments Presented:

  • Petitioners’ Argument: They demanded the production of records related to the construction and acquisition proceedings and sought compensation for the land used, emphasizing the need for due legal process.
  • Respondents’ Defense: The State argued that the petitioners had acquiesced to the road construction and were now opportunistically seeking compensation.

Legal Principles and Citations

The case hinged on the interpretation of property rights under the Indian Constitution and the legal obligations of the state in land acquisition.

  1. Hari Krishan Mandir Trust v. State of Maharashtra, (2020) 9 SCC 356: Recognized that, although not a fundamental right, the right to property is a constitutional right, and no person can be deprived of their property except by authority of law.
  2. Shakuntla Devi v. State of Himachal Pradesh, CWP No. 491 of 2022: Similar to the present case, the Himachal Pradesh High Court directed the state to initiate acquisition proceedings for land utilized without legal process.
  3. The Right to Fair Compensation and Transparency in Land Acquisition, Resettlement, and Rehabilitation Act, 2013: Governs the process and principles for land acquisition and the compensation thereof.

Court’s Reasoning and Judgment:

Justice Goel acknowledged the petitioners’ land was used for road construction without denial from the respondents. Referring to Supreme Court precedents, the Court reaffirmed the constitutional right to property and directed the State to initiate acquisition proceedings and compensate the petitioners as per the 2013 Act. The petitioners’ claim of being discriminated against was addressed by ensuring fair compensation.

Conclusion

The judgment in Basti Ram and Another vs. State of Himachal Pradesh is another case in line with cases upholding property rights and ensuring fair compensation in cases of land acquisition by the State. It reinforces the principle that private property cannot be utilized for public purposes without following due process of law, reflecting the balance between individual rights and public interest.

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Advocate Deven Khanna, an alumnus of the esteemed National Law School, is currently engaged in legal practice at the High Court of Himachal Pradesh and the Supreme Court of India. His practice primarily focuses on areas such as Civil liberties, Constitutional law, Writs, Labour and Service matters, Public Interest Litigations, and Bail matters. His academic contributions include articles in national journals, judging moot courts, and presentations at various legal conferences. He is committed to advancing legal education. For inquiries, he can be contacted at khannadeven@gmail.com or on mobile at 7018469792.

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