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january 2020

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.

VIDAYA DEVI vs THE STATE OF HIMACHAL PRADESH · Niyam