Summary
Landowners whose land Himachal Pradesh had used for the Banuti to Pahal road in 1996 without acquisition, a Section 4 notification of 17 May 1996 having been allowed to lapse, filed a writ petition in 2016 seeking acquisition and compensation; a Single Judge directed the State to initiate acquisition, and the Division Bench refused to condone a delay of 354 days in the State's Letters Patent Appeal. The Supreme Court heard the matter on merits rather than remand and, the State having opposed the claim solely on delay and laches and an unwritten plea of consent, held under Articles 136 and 142 that the landowners are entitled to compensation: 17 May 1996 is to be treated as the deemed date of acquisition with market value as on that date and all statutory benefits under the 1894 Act, but no interest for the twenty-year period until the writ petition was filed.
Issues
- Whether landowners whose land was used by the State for a road in 1996 without acquisition or a written waiver are entitled to compensation despite approaching the High Court after about twenty years, and on what terms.
Provisions considered
- Section 4, Land Acquisition Act, 1894A notification issued on 17.05.1996 for the land at Village Tikkari was permitted to lapse and no fresh proceedings followed; that date is directed to be treated as the deemed date of acquisition for fixing market value and statutory benefits. (¶¶ 4.2, 4.3, 5.1, 6)
- Articles 136 and 142, Constitution of IndiaIn exercise of its extraordinary jurisdiction the Court moulded relief to do complete justice between the parties, balancing the State's long use of the land without acquisition against the landowners' delay of twenty years. (¶¶ 5.1, 6)
Held
- Nothing on record showed that the landowners consented to the use of their land without compensation, and the State cannot evade its legal responsibility to those whose property has been taken on the ground of delay and laches alone; in the absence of written consent the owners are entitled to compensation in terms of law, as held in Sukh Dutt Ratra. (¶¶ 4.1, 4.4, 4.5, 5)
- Considering the huge delay of 20 years in filing the writ petition, the owners shall receive compensation at the market price as on 17.05.1996 with all statutory benefits under the 1894 Act but no interest from that date to the filing of the writ petition; the State is to compute the amount after giving an opportunity to lead evidence on market price, pay within two months of calculation and complete the exercise within six months. (¶¶ 5.1, 6)
Result
Appeal disposed of without costs; 17.05.1996 to be treated as the deemed date of acquisition under Section 4 of the Land Acquisition Act, 1894 and the writ petitioners paid compensation at the market price on that date with all statutory benefits but no interest from 17.05.1996 to the filing of the writ petition; State to compute after giving an opportunity to lead evidence on market price, pay within two months of calculation and complete the exercise within six months.