Himachal Pradesh High Court: Fairly Determined Compensation for Land Acquisition Must Also Be Given to Landowners Who Didn’t Approach Court

The Himachal Pradesh High Court ruled that once a fair rate of compensation for land acquisition is judicially determined, all affected landowners are entitled to the same benefit regardless of whether they individually approached the court. The judgment rejected the state's discriminatory practice of denying compensation to those who did not file references under Section 18 of the Land Acquisition Act, 1894. The Court held that such denial was arbitrary and violative of the principle of equity embedded in Section 28-A of the Act, which allows re-determination based on earlier court awards. The land in question was acquired for construction of a Stadium-cum-Helipad at Rohru, Shimla. While some landowners who challenged the initial award received enhanced compensation following Supreme Court directives, others who did not approach the court were initially denied such benefits. The Court upheld the application of uniform entitlement principles and directed the state to determine and pay equitable compensation, affirming that justice demands non-discrimination and equal treatment of similarly situated persons.