Shimla: In a significant ruling, the High Court of Himachal Pradesh has directed the State Government to either acquire private land or return it to its owners.
The case pertains to the state's utilization of private land for road construction without following the Land Acquisition Act.
A Division Bench, comprising Justice Vivek Singh Thakur and Justice Bipin Chander Negi, issued this order in response to the State Government's appeal against a previous judgment.
The judgment from March 12, 2020, had instructed the State Government to either acquire the land legally or return it to the landowners.
The State argued that it had obtained oral consent from the landowners for using their land for road construction, a claim contested by the landowners.
The Court found that the State Government had utilized the respondents' land for the Rakkad to Basoli Road in District Una without adhering to the Land Acquisition Act. The Court deemed this action a forcible dispossession of private property without due legal process.
Furthermore, the Court emphasized that such actions by the State, which is responsible for safeguarding citizens' rights and property, violate both human rights and constitutional rights.
The Court firmly asserted that the State could not excuse itself based on delay or inaction, and there should be no limitation in this matter.
As a result, the High Court has given the State Government a six-month deadline to acquire the land according to the law, or alternatively, to return the land to its rightful owners.
