VIDYA DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Delay condoned. Leave granted. The Appellant now almost 80 years old, was undisputedly the owner of land admeasuring about 3.34 Hectares comprised in Khata/Khatuni No. 105 min/127, Khasra No. 70 in Tika Jalari Bhaddirain, Mauja Jalari, Tehsil Nadaun, Dist. Hamipur, Himachal Pradesh.

(2.) The Respondent­State took over the land of the Appellant in 1967­68 for the construction of a major District Road being the Nadaun ­ Sujanpur Road, a major District Road without taking recourse to acquisition proceedings, or following due process of law. The construction of the road was completed by 1975.

(3.) The Appellant, being an illiterate widow, coming from a rural background, was wholly unaware of her rights and entitlement in law, and did not file any proceedings for compensation of the land compulsorily taken over by the State.