Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 1950: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India, 1950: Art. 300-A – Right against depriviation of property – Respondent state utilised subject land and adjoining lands for the construction of road in 1972-73 – Appellants claimed to be owners of subject land – Allegedly no land acquisition proceedings were initiated nor compensation was given to the appellants or the owners of the adjoining lands – Land acquisition proceedings were initiated in respect of neighbouring land owners and award was passed on 04.10.2005 – Appellants filed writ petition in 2011 before the High Court seeking compensation for the subject land or initiation of acquisition proceedings under the Land Acquisition Act – High Court held that the matter involved disputed questions of law and fact for determination on the starting point of limitation, which could not be adjudicated in writ proceedings – In the instant appeals, question that arose was can the State, merely on the ground of delay and laches, evade its legal responsibility towards those from whom private property was expropriated – Held: The State cannot shield itself behind the ground of delay and laches – There cannot be a ‘limitation’ to doing justice – The State has, in a clandestine and arbitrary manner, actively tried to limit disbursal of compensation as was required by law – This arbitrary action was also violative of the appellant’s prevailing Art. 31 right – The State was unable to produce any evidence indicating that the land of the appellants was taken over in the manner known to law or have ever paid any compensation – Appellants too were illegally dispossessed without following due process of law – In the absence of written consent to voluntarily give up their land, the appellants were entitled to compensation in terms of law – Invoking extraordinary jurisdiction under Arts.136 and 142 of the Constitution, the State is directed to treat the subject land as a deemed acquisition and appropriately disburse compensation to the appellants in the same terms as the order of the reference court dated 04.10.2005 – State is also directed to pay legal costs and expenses of Rs. 50,000 to the appellants – Land acquisition – Limitation – Delay and laches. |
Judge | Hon'ble Mr. Justice S. Ravindra Bhat |
Neutral Citation | 2022 INSC 394 |
Petitioner | Sukh Dutt Ratra & Anr. |
Respondent | State Of Himachal Pradesh & Ors. |
SCR | [2022] 2 S.C.R. 1041 |
Judgement Date | 2022-04-06 |
Case Number | 2773 |
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