(A)Land Acquisition – Oral Consent – It is not permissible to use the land of the person without his consent and if the consent has to be taken it has to be through an agreement in writing between that person and the competent authority. It is not permissible for the State to say that it had taken the oral consent of the owner. (Para 16, 18, 22)
(B) Land Acquisition – Delay and Laches – The claim regarding Land Acquisition cannot be defeated on the grounds of delay and laches. (Para 23, 24)
(C) Land Acquisition – Unlawful deprivation of Property– A person deprived of his property unlawfully is entitled to the restoration of the possession or the payment of compensation. (Para 30)
(D) Waiver or Estoppel – Constitutional Rights – There can be no waiver or estoppel regarding constitutional rights Para 32
(E) Land Acquisition – Delay – Plea that the State has been in possession for more than 35 years and the plaintiff is not entitled to possession. Held: This cannot be accepted. The defendants are the State and its instrumentalities. the State cannot take the plea of adverse possession to grab the property of its citizens. If the protectors of the law will become grabbers of the property, then the people will be left with no protection and there will be total anarchy in the entire country. (Para 35)
(F) Land Acquisition – Acquiescence – Non Payment of Compensation – Delay – Plea that plaintiff has acquiesced and is not entitled to the possession. This is not acceptable – Acquiescence does not confer any title. (Para 42, 43)
HIGH COURT OF HIMACHAL PRADESH
2023 STPL(Web) 253 HP
Principal Secretary (Revenue) To The Govt Of H.P. & Ors. Vs. Ramka
RSA No. 186 of 2023-Decided on 06-10-2023
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