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Supreme Court of India 2020-01-08 allowed

VIDAYA DEVI vs THE STATE OF HIMACHAL PRADESH

Bench: 2 — Indu Malhotra, Ajay Rastogi

In Brief

An 80-year-old widow, Vidya Devi, was dispossessed of 3.34 hectares of land in 1967–68 by the State of Himachal Pradesh for a major district road without lawful acquisition proceedings or compensation. The High Court dismissed her writ petition, holding that disputed questions of fact required a civil suit. The Supreme Court allowed her appeal, holding that the State cannot deprive citizens of property without legal authority or due process. The Court rejected the State's pleas of adverse possession, delay, and consent, treating the taking as a deemed acquisition. The State was directed to pay compensation on terms awarded in a comparable acquisition case, along with statutory benefits, solatium, and interest within eight weeks."

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Constitutional Law Property Rights Land Acquisition Eminent Domain Administrative Law Due Process

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