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Supreme Court of India 2022-04-06 allowed

SUKH DUTT RATRA & ANR vs STATE OF HIMACHAL PRADESH & ORS

Bench: 2 — S. Ravindra Bhat, Pamidighantam Sri Narasimha

In Brief

The appellants' land was taken by the State in 1972 for road construction but no compensation was paid. After 38 years, they approached the High Court, which dismissed the writ petition and directed them to file a civil suit instead. The Supreme Court allowed their appeal, holding that forcible dispossession without statutory procedure violates constitutional rights under Articles 31 and 300-A. The State's unsubstantiated claim of oral consent was rejected. The Court directed the State to treat the land as deemed acquisition and disburse compensation equivalent to that awarded to similarly situated landowners, with statutory interest and solatium from 2001 until judgment, rejecting the State's delay and laches defence.

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Constitutional Law Land Acquisition Right to Property Rule of Law Administrative Law Delay and Laches Statutory Compensation Due Process

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