HC raps Himachal govt for ‘wrongfully’ acquiring land
The court directed the government to either acquire land in accordance with the law within six months or hand over the possession back to the owners
In a matter pertaining to acquiring private land by the state government for constructing Rakkad-Basoli road in Una district, the high court of Himachal Pradesh rapped the government for not following provisions of the Land Acquisition Act.
The court directed the government to either acquire land in accordance with the law within six months or hand over the possession back to the owners.
A division bench comprising Justices Vivek Singh Thakur and Bipin Chander Negi passed the order on an appeal filed by the state government against a 2020-judgment passed by a single judge bench that had issued the same directions.
The state contended that it had obtained oral consent to use the land, a claim that was denied by its owners.
The court observed that the 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 is in violation of human and constitutional rights and the act on the part of the state, which is custodian and protector of rights, life and property of its citizens, shocks the judicial conscience.
