Supreme Court of India
State of Himachal Pradesh & Ors v. Rajiv and Anr.
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What the Court ordered
In view of the above and for the reasons stated above, present appeal stands disposed of by directing that 17.05.1996 be treated as the deemed date of acquisition under Section 4 of the Act, 1894 and th e original owners/writ petitioners shall be entitled to the compensation considering the market price of the land in question used by the State for construction of the road as on 17.05.1996.
Judgment, page 5
From the headnote
Land Acquisition Act, 1894 – s.4 – Land in question was used by the State for construction of road in the year 1996, howeve r, no compensation was paid and the land was used without acquiring it under the provisions of the 1894 Act – Writ petitio n filed by respondents-land owners in 2016 –Allowed by Single Judge, appellants directed to initiate the process for acquisition of th e land in accordance with law – Division Bench dismissed the LPA file d by the appellants on ground of limitation – Held: When the wri t petition and the claim of the land owners to claim the compensation for the land
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