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Supreme Court of India 2023-02-24 allowed

State of Himachal Pradesh & Ors vs Rajiv and Anr

Bench: 2 — M. R. Shah, C. T. Ravikumar

In Brief

The State of Himachal Pradesh used landowners' property to construct a road in 1996 without formal acquisition proceedings, claiming the use was with the owners' oral consent on condition they would not claim compensation. The owners filed a writ petition 21 years later seeking compensation. The Supreme Court treated the date of the originally issued but lapsed Section 4 notification (17 May 1996) as a deemed acquisition date. It held the owners were entitled to compensation based on the 1996 market price plus statutory benefits, but forfeited interest from 1996 to filing due to the 20-year delay. The Court rejected the State's laches defence as a complete bar, balancing the need for compensation against the delay.

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Land Acquisition Constitutional Law Delay and Laches Compensation Writ Petition Public Law

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