(A) Land Acquisition – Oral Consent – It is not permissible to use the land of the person without his consent and the consent has to be taken through an agreement in writing between that person and the competent authority. These directions are binding upon the State and it is not permissible for the State to say that it had taken the oral consent of the owner. (Para 16)
(B) Delay and Latches – Continuous Cause of Action – Land used without acquisition – The cause of action in the present case is a continuing one since the appellant was compulsorily expropriated of her property without legal sanction or following due process of law. The present case is one where the demand for justice is so compelling since the State has admitted that the land was taken over without initiating acquisition proceedings, or any procedure known to law. Therefore, the claim cannot be defeated on the grounds of delay and laches. (Para 21, 22)
(C) Constitution of India – Article 300A – Right of Property – Statutory Right – Land used without acquisition – The right of property is a statutory right and no person can be deprived of the right to his property. Thus, a person deprived of his property unlawfully is entitled to the restoration of the possession or the payment of compensation and there is no infirmity in the judgments and decrees passed by the learned Courts below for payment of compensation or restoration of possession. (Para 25, 28)
(D) Principle of Acquiescence – No Benefit from Principle – Plea that plaintiffs have acquiesced and were not entitled to the possession – Plea Rejected – Held: Acquiescence does not confer any title. (Para 40, 41)
HIGH COURT OF HIMACHAL PRADESH
2023 STPL(Web) 168 HP
State Of H.P. & Others Vs. Ram Lok (Since Deceased) Through His Lrs & Others
RSA No. 245 of 2022-Decided on 14-9-2023
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