Dharnidhar Mishra (D) vs The State of Bihar

Not available · 2024 INSC 415Decided 13 May 2024
Not available
Justice J.B. Pardiwala · Justice Manoj Misra

Background

In 1976, the Bihar Government issued a notification to acquire the appellant's land for building a State Highway, and possession was taken in 1977, but no compensation was ever paid, and no formal award was even passed. For over four decades, the landowner kept petitioning the authorities for payment, without result. When he finally filed a writ petition in the Patna High Court, a Single Judge dismissed it purely on the ground of a 42-year delay, without examining why the State never paid compensation. On appeal, a Division Bench simply directed him to apply to the authorities for a stated compensation figure of Rs. 4,68,099, without explaining how that figure was calculated or why it took 42 years to arrive at it. The original appellant passed away during this long struggle, and his legal heirs continued the case.

Decision Breakdown

The Supreme Court set aside the High Court's order and sent the matter back for fresh consideration, criticizing the High Court for not questioning the State on why it took 42 years to determine compensation or on what basis that figure was fixed. The Court reaffirmed that although the right to property stopped being a "fundamental right" after the 44th Constitutional Amendment, it remains a constitutional right under Article 300-A and a recognized human right, meaning the State cannot take a citizen's land without following due legal process and paying just compensation. Citing precedent, the Court held that delay/laches cannot be used to defeat a claim where the State itself unlawfully held onto acquired land for decades without paying for it: such a claim is treated as a "continuing cause of action." The High Court was directed to decide the restored appeal within two months.

Lesson Learnt

If the government acquires your land but never pays compensation, the passage of time alone does not extinguish your right to claim it. Courts recognize an ongoing failure to pay as a continuing wrong, and the State cannot hide behind decades of its own delay to escape its constitutional obligation to pay fair compensation.

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