SC Explains When Shares Received After Company Amalgamation are Taxable as Business Income  ||  SC: Excavators, Dumpers Etc Used Within Factories aren’t Motor Vehicles For Road Tax Purposes  ||  SC: Complaints Alleging Fraud under Companies Act Can Be Filed Only By SFIO, Not By Private Parties  ||  SC: Preventive Detention Cannot Override Bail and Requires Proof of a Threat to Public Order  ||  Supreme Court: Multiple Complaints Are Valid For Dishonour of Several Cheques in One Transaction  ||  SC: Bail Should Not be Refused Mechanically Nor Granted Based on Irrelevant Considerations  ||  Gujarat HC: Motor Accident Compensation Doesn’t Cover Medical Expenses Paid by Charity  ||  HP High Court: Panchayati Raj Elections Cannot Be Postponed Beyond Five-Year Term  ||  Ker HC: Victim Cannot File Second Appeal Seeking Special Leave Against Acquittal Under S.419(4) BNSS  ||  Delhi HC: Right to Higher or Professional Education is Fundamental and Cannot be Curtailed Lightly    

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  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved