IBEX NEWS,shimla.
In a matter pertaining to utilization of private land by the State for the purpose of construction of road, without resorting to the provisions of Land Acquisition Act, the High Court of Himachal Pradesh, has directed the State Government to acquire the land in question, in accordance with law, within a period of six months or in alternative, to hand over the possession of said land to its owners.
A Division Bench comprising Justice Vivek Singh Thakur and Justice Bipin Chander Negi, passed this order on an appeal filed by the State Government against judgment dated 12.03.2020, passed by the Single Bench, whereby State Government was directed to either acquire the land or hand over the possession to its owners.
The State contended that it had obtained oral consent of land owners to utilize their land for construction of road, but this claim is denied by the owners of the land.
The Court found that the land of respondents was utilized by State Government for construction of Rakkad to Basoli Road, in District Una, without resorting to the provisions of Land Acquisition Act.
The Court observed that the present case is an example of forcible dispossession of a person from his private property without following the process of law. The Court found the action of State Government violative of human rights as well as constitutional rights. The court further observed that such act on the part of State, which is custodian and protector of rights, life and property of its citizens, definitely shocks the judicial conscience of the Court. The Court held that the State cannot shield itself behind the ground of delay and latches and also there cannot be a limitation to do justice.