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1 - 10 of 44 (0.41 seconds)The Limitation Act, 1963
Article 226 in Constitution of India [Constitution]
State Of Haryana vs Mukesh Kumar & Ors on 30 September, 2011
possession for more than 17 years and the plaintiff is not
entitled to possession. This cannot be accepted. The defendants
are the State and its instrumentalities. It was laid down by the
Hon'ble Supreme Court in State of Haryana v. Mukesh Kumar,
(2011) 10 SCC 404: (2012) 3 SCC (Civ) 769: 2011 SCC OnLine SC 1341
that the State cannot take the plea of adverse possession to grab
the property of its citizens. If the protectors of the law will
become grabbers of the property, then the people will be left
with no protection and there will be total anarchy in the entire
country. It was observed at page 419
Sh. Jilubhai Nanbhai Khachar Etc Etc vs State Of Gujarat And Anr. Etc. Etc on 20 July, 1994
25. Concluding that the forcible dispossession of a person
of their private property without following due process of
law, was violative [Relying on Hindustan Petroleum
Corporation Ltd. v. Darius Shapur Chenai 2005 Supp (3) SCR
388; N. Padmamma v. S. Ramakrishna Reddy (2008) 15 SCC
517; Delhi Airtech Services Pvt. Ltd. &Ors. v. State of Uttar
Pradesh &Ors. 2011 (12) SCR 191; and Jilubhai Nanbhai
Kahchar v. State of Gujarat 1994 Supp (1) SCR 807.] of both
their human right and constitutional right under Article 3
00-A, this court allowed the appeal.
Article 31 in Constitution of India [Constitution]
K.T. Plantation Pvt. Ltd. & Anr vs State Of Karnataka on 9 August, 2011
served by this Court in K.T. Plantation Private Limited and
Anr. vs. State of Karnataka, (2011) 9 SCC 1 even though the
right to claim compensation or the obligation of the State
to pay compensation to a person who is deprived of his
property is not expressly provided in Article 300A of the
Constitution, it is inbuilt in the Article. The State seeking
to acquire private property for a public purpose cannot
say that no compensation shall be paid. The Regional and
Town Planning Act also does not contemplate deprivation
of a landholder of his land, without compensation. Statu-
tory authorities are bound to pay adequate compensation.
Wazir Chand vs The State Of Himachal Pradesh.(With ... on 22 April, 1954
14. It is the cardinal principle of the rule of law, that
nobody can be deprived of liberty or property without due
process, or authorization of law. The recognition of this
dates back to the 1700s to the decision of the King's
Bench in Entick v. Carrington, [1765] EWHC (KB) 198 and by
this court in Wazir Chand v. The State of Himachal Pradesh,
1955 (1) SCR 408. Further, in several judgments, this court
has repeatedly held that rather than enjoying a wider
bandwidth of lenience, the State often has a higher
responsibility in demonstrating that it has acted within
the confines of legality, and therefore, not tarnished the
basic principle of the rule of law.
The Land Acquisition Act, 1894
Sukh Dutt Ratra vs The State Of Himachal Pradesh on 6 April, 2022
38. This position was reiterated in Sukh Dutt Ratra &
another vs. State of H.P & others 2022 (7) SCC 508, wherein it was
observed:-