State of HP & Ors. v. Baragi Ram & Ors.
Case Details
Acts & Sections
Cited in this judgment
aspect which had been done by the High Court in that case.
9. The filing of these appeals by the State has also been deprecated by the Apex Court in SLP (Civil) No. 49057 of 2024 titled The State of HP and others vs. Upender Kumar decided on 22.11.2024 which had arisen out of the judgment in LPA No. 54 of 2017 titled State of Himachal Pradesh and others vs. Upender Kumar decided on 27.03.2024, wherein the Apex Court while dismissing the SLP noticed that the exemplary costs are liable to be imposed. The said 7 order reads as under: “Delay condoned.
2. We have come across several matters wherein the State of Himachal Pradesh has challenged the orders passed by the Division Bench of the High Court of Himachal Pardesh, thereby directing compensation to be paid to the respondent(s).
3. The writ petitioner(s) has approached the High Court with a grievance that though the possession of their lands were taken for road construction, they did not receive compensation.
4. By the impugned judgment and order, the High Court has held that the State cannot take possession of citizen land without paying the compensation.
5. Although the right to property is no longer considered a fundamental right, it is still a constitutional right. The State cannot be permitted to acquire citizen land without paying appropriate compensation.
6. In these circumstances, it would have been justified in dismissing the special leave petition(s) with exemplary cost. However, we refrain from doing so now and simply dismiss these special leave petitions.
7. Pending application(s), if any, stand(s) disposed of.” 8
10. In Letters Patent Appeal No. 68 of 2025, State of H.P. and others vs. Charan Dass decided on 01.03.2025 and Letters Patent Appeal No.183 of 2025, titled as State of H.P. & Ors. vs. Amar Singh decided on 21.04.2025, we have given detailed reasons as such, as to why no ground is made out to interfere in such matters, keeping in view the law settled by the Apex Court.
11. Therefore, for the reasons stated above, the instant appeal is devoid of any merit, hence it is dismissed along with pending applications, if any. (G.S. Sandhawalia) Chief Justice (Ranjan Sharma) Judge May 21, 2025. (cm Thakur)