VidhiSangh

Supreme Court of India · 06/04/2022

SUKH DUTT RATRA & ANR. versus STATE OF HIMACHAL PRADESH & ORS.

[2022] 2 S.C.R. 1041 · 2022 INSC 394

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Summary

Landowners sought compensation decades after the State used their land for a road without acquisition or payment. The Court rejected unsupported claims of oral consent and held that delay did not excuse the State’s unlawful deprivation on these facts. It set aside the order relegating the owners to a civil suit and directed deemed acquisition with compensation on the comparator reference award’s terms, specified consequential benefits and Rs.50,000 legal costs.

Issues

  1. Whether delay and disputed assertions of oral consent justified refusing writ relief for State use of private land without lawful acquisition or compensation.
  2. What relief should follow the longstanding unlawful dispossession.

Provisions considered

Held

Result

Appeal allowed and the High Court’s order set aside. The State was to compute and disburse compensation within four months on the terms of the specified 4 October 2005 reference award. Consequential solatium and statutory interest on sums payable were directed for 16 October 2001 to 12 September 2013. Rs.50,000 legal costs and expenses awarded; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2022] 2 S.C.R. 1041.