Land Acquisition Without Compensation: Supreme Court Rules in Favor of 80-Year-Old Widow

The case of Vidya Devi vs. State of Himachal Pradesh & Ors. highlights the importance of property rights in India and the duty of the State to follow due process in land acquisition. The Supreme Court was called upon to decide whether the State of Himachal Pradesh had illegally taken over private land without compensation, violating fundamental and constitutional rights.

Background of the Case

The appellant, Vidya Devi, an 80-year-old widow, was the undisputed owner of land measuring 3.34 hectares in Nadaun, District Hamirpur, Himachal Pradesh. The State of Himachal Pradesh took over her land in 1967-68 for constructing the Nadaun-Sujanpur Road without initiating any legal acquisition proceedings or providing compensation.

As an illiterate woman from a rural background, Vidya Devi remained unaware of her legal rights and did not challenge this encroachment for decades. However, in 2004, some other landowners in the same area filed a case before the Himachal Pradesh High Court, demanding compensation. The court ruled in their favor and directed the State to acquire their lands legally.

When Vidya Devi learned of this in 2010, she filed a writ petition before the Himachal Pradesh High Court, demanding similar relief. However, the High Court dismissed her petition, stating that her claim involved disputed facts and should be resolved through a civil suit. A subsequent review petition was also dismissed in 2014.

Arguments by the Petitioner

Vidya Devi argued that:

• Her land was forcibly taken by the State in 1967 without following legal acquisition procedures.
• The State did not provide any compensation, violating her fundamental rights under Article 31 (which guaranteed property rights before 1978).
• Even after Article 31 was repealed, property remained a constitutional right under Article 300A, which requires the State to follow due process before depriving anyone of property.
• Other landowners in the same area had received compensation after approaching the High Court, while she had been unfairly denied similar relief.

Arguments by the Respondents (State of Himachal Pradesh)

The State argued that:

• Vidya Devi’s land was taken over with her “oral consent.”
• Since the State had been in possession of the land for over 42 years, it had acquired ownership through “adverse possession.”
• The case was barred by delay and laches, as Vidya Devi had approached the court too late.
• The only legal remedy available to Vidya Devi was to file a civil suit for compensation, not a writ petition.

Supreme Court’s Observations

The Supreme Court strongly criticized the State’s actions, stating that forcibly taking private land without compensation is a violation of fundamental and constitutional rights. Justice Indu Malhotra, writing for the Court, observed:

“To forcibly dispossess a person of their private property without following due process of law is violative of both human rights and the constitutional right under Article 300A of the Constitution.”

The Court rejected the State’s claim of adverse possession, stating that:

“The State cannot be permitted to perfect its title over land by invoking the doctrine of adverse possession. The State being a welfare State cannot be permitted to take the plea of adverse possession, which allows a trespasser to gain legal title.”

Regarding the argument of delay and laches, the Court ruled that:

“There is no period of limitation for the courts to exercise their constitutional jurisdiction to do substantial justice.”

Final Judgment

The Supreme Court ruled in favor of Vidya Devi and ordered:

• The Himachal Pradesh government must pay compensation to Vidya Devi on the same terms as awarded to other landowners in the Anakh Singh case.
• The compensation must include statutory benefits such as solatium and interest.
• The amount must be paid within eight weeks.
• The State must pay legal costs of Rs. 1,00,000 to Vidya Devi.

Implications of the Judgment

This ruling reinforces that:

• The government cannot take private land without following legal procedures.
• Property rights remain protected under Article 300A.
• The State cannot use adverse possession against its own citizens.
• Courts have a duty to intervene when fundamental rights are violated, even after decades.

Conclusion

The Supreme Court’s ruling in this case is a landmark judgment affirming the right to property. The decision serves as a reminder to the government that even in the name of development, land cannot be acquired without due process and fair compensation.

Petitioner Name: Vidya Devi.
Respondent Name: State of Himachal Pradesh & Others.
Judgment By: Justice Indu Malhotra, Justice Ajay Rastogi.
Place Of Incident: Himachal Pradesh.
Judgment Date: 08-01-2020.

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