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.
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Banwa Land Dispute: A Case Study of Property Rights, legitimacy of revenue records, and injunctions under CPC
The Banwa land dispute, adjudicated by Justice Sandeep Sharma of Himachal Pradesh High Court, offers a compelling insight into property rights and judicial processes in the State of H.P. The case, originating from a disagreement over land ownership in Village Banwa, Tehsil Arki, District Solan, progressed through various judicial phases, ultimately leading to a pivotal judgment. This report delves into the complexities of the case, unraveling the enduring impact of historical land records and the vital importance of timely legal action in land disputes. The plaintiffs’ failure to contest or correct the revenue records at crucial junctures significantly weakened their claim. This judgment cites precedents, explains the law of granting a temporary injunction, the scope of supervisory jurisdiction under Article 227 of the Constitution of India, and further reaffirms the legal tenet that mere possession or ancestral claims do not override well-documented and long-standing records unless adequately contested and legally rectified. Let’s dive right in!
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