Himachal Pradesh High Court Orders Compensation for Landowners Whose Land Was Used Without Permission for Building Gohar-Kandha Road Under Pradhan Mantri Gram Sadak Yojana.
The Himachal Pradesh High Court has ordered the State to pay compensation to landowners whose land was used without permission for the Gohar-Kandha Road, part of the Pradhan Mantri Gram Sadak Yojana. The Court instructed the State to start the process of land acquisition and provide compensation to the Petitioners, as their property rights under Article 300-A of the Constitution were violated. Justice Sandeep Sharma stated, “After considering the details and relevant laws, this Court finds the petition valid and directs the respondents to begin acquisition proceedings within four weeks for the petitioners’ land, ensuring fair compensation is given. Given that the petitioners have been pursuing their rightful claim for a long time, this Court expects the authorities to act quickly, ideally within four months.”
Advocate Dikken Kumar Thakur represented the Petitioners, while Additional Advocate General Rajan Kahol stood for the Respondents. The Petitioners claimed that their land in District Mandi was used for road construction many years ago without their permission or compensation. They stated that despite asking since 2018, the authorities had not started the acquisition process under the Land Acquisition Act. The Respondents countered that the road construction began between 1990 and 1992, with widening finished by 2006. They argued that the Petitioners had implicitly agreed to the land use due to their silence over the past thirty years. The High Court dismissed the State’s claim that the land was voluntarily donated by the Petitioners for the road under PMGSY.
The Bench referenced the case of Vidya Devi v. State of Himachal Pradesh (2020), which stated, “Forcibly taking someone’s private property without following legal procedures violates human rights and the constitutional right under Article 300 A.” The Supreme Court also noted in Vidya Devi that “Delay and laches cannot be used in cases of ongoing issues or when circumstances disturb the court’s conscience. Condonation of delay is a judicial choice that should be made wisely based on the situation. It depends on the violation of fundamental rights and the timing and reasons for the delay. There is no set time limit for courts to use their constitutional power to ensure justice.”
In the case of State of Himachal Pradesh v. Sita Ram, the Full Bench of the Himachal Pradesh High Court ruled that a person whose land was used for road construction under PMGSY is entitled to compensation. This is unless it can be clearly shown that the land was donated or given willingly by the owner for the road. As a result, the Court ordered the Respondents to start the acquisition process and approved the Petition.
Cause Title: Muni Lal & Ors. v. State of Himachal Pradesh & Ors. (Neutral Citation: 2024:HHC:13215)
Appearance:
Petitioners: Advocate Dikken Kumar Thakur
Respondents: Additional Advocates General Rajan Kahol, Vishal Panwar and B.C. Verma; Deputy Advocate Genera Ravi Chauhan; CGC Vir Bahadur Verma
