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Sita Ram v. State of Himachal Pradesh and Ors. - (High Court of Himachal Pradesh) (05 Jul 2016)

Long road to justice after unauthorised laying of road on private land

MANU/HP/0571/2016

Civil

The High Court of Himachal Pradesh directed the State to compensate a land owner for unauthorised and free use of his land for laying a road.

Aside from a claim of compensation, the petitioner claimed that he had stopped the Gram Panchayat from carrying on laying of the road. He contested that affidavits submitted by persons laying the road were of no consequence as he himself had never given consent.

The authority stated that there already was a road sufficient for vehicles existing at the time. Ironically, the road was built under a World Bank Scheme, pre-condition to which was the requirement that land for the same be provided free of cost.

The court expressed sympathy for the petitioner and order initiation of land acquisition proceedings for the land acquired. Instead of ordering damages, the court made the State responsible for “adopting any other mode for restoring [petitioner’s] land”.

Relevant : K.B. Ramachandra Raje Urs and Ors. vs. State of Karnataka and Ors. MANU/SC/1457/2015 Jai Ram vs. State of Himachal Pradesh and Others MANU/HP/3222/2011 Jeet Ram vs. State of Himachal Pradesh MANU/HP/0649/2014

Tags : LAND ACQUISITION   UNAUTHORISED   COMPENSATION   ROAD LAYING  

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