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Supreme Court of India 2024-05-13 allowed

Dharnidhar Mishra (D) and Another vs State of Bihar and Others

Bench: 2 — J B Pardiwala, Manoj Misra

In Brief

In 1977, the State of Bihar acquired land owned by Dharnidhar Mishra for a state highway but never paid compensation despite his repeated requests over 42 years. The High Court disposed of his writ petition without directing the State to pass a formal compensation award. The Supreme Court held that the State has a constitutional obligation under Article 300-A to pay just and fair compensation and to pass a formal award within a reasonable time. Delay cannot bar compensation claims when fundamental rights are violated and the State itself admits the acquisition and use. The Court set aside the High Court order and remitted the matter for proper hearing and a substantive compensation award.

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Land Acquisition Property Rights Constitutional Law Administrative Law Compensation Laches and Delay

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