VidhiSangh

Supreme Court of India · 08/01/2020

VIDYA DEVI versus THE STATE OF HIMACHAL PRADESH & ORS.

[2020] 1 S.C.R. 749 · 2020 INSC 23

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Summary

The State could not retain a widow’s land taken for a road without acquisition or compensation by invoking adverse possession or delay. Treating the uncompensated taking as a continuing cause of action, the Court ordered compensation on the terms awarded to an adjoining landowner, with statutory benefits, as a deemed acquisition.

Issues

  1. Whether the State could resist compensation for an admitted taking without acquisition by pleading adverse possession or laches.
  2. What compensation and consequential relief should be granted.

Provisions considered

Held

Result

Appeals allowed and both High Court orders set aside. The State must pay compensation with statutory benefits within eight weeks as a deemed acquisition, file a compliance affidavit within ten weeks, and pay legal costs and expenses. The appellant received the specified liberty to appeal after payment.

Judgment PDF: Supreme Court of India, [2020] 1 S.C.R. 749.