Supreme Court of India · 2020-01-08
VIDAYA DEVI vs THE STATE OF HIMACHAL PRADESH
- Citation / case number
- SC 2018/36919
- Court
- Supreme Court of India
- Petitioner
- VIDAYA DEVI
- Respondent
- THE STATE OF HIMACHAL PRADESH
- Author
- HON'BLE MS. JUSTICE INDU MALHOTRA
- Bench
- HON'BLE MR. JUSTICE AJAY RASTOGI HON'BLE MS. JUSTICE INDU MALHOTRA
Judgment text excerpt
The Supreme Court held that the Respondent-State's taking of the Appellant's land for road construction without following due process under the Land Acquisition Act, 1894, constituted a violation of the Appellant's rights. The Court emphasized that the Appellant, being an illiterate widow, was unaware of her legal entitlements and thus could not be barred by laches. The Court overturned the High Court's decision that directed the Appellant to file a Civil Suit, allowing her to seek compensation directly under the Land Acquisition Act, 1894.