Himachal Pradesh High Court Weekly Round-Up: March 13 To March 19, 2023

Nominal Index

Anita Aggarwal Vs State of HP 2023 LiveLaw (HP) 14

M/s Gujrat Ambuja Cement Factory, Darlaghat & others Vs Sukh Ram (deceased) through LRs & others 2023 LiveLaw (HP) 15

Batt Educational Society Vs State of H. P. & Ors 2023 LiveLaw (HP) 16

State of HP Vs Kansi Ram 2023 LiveLaw (HP) 17

Judgements/Orders

Sec 102 CrPC | Police Officer Empowered To Seize Property Only If Found Under Circumstances Creating Suspicion Of Any Offence: Himachal Pradesh HC

Case Title: Anita Aggarwal Vs State of HP

Citation: 2023 LiveLaw (HP) 14

The Himachal Pradesh High Court ordered defreezing of the account of an accused observing that Section 102 CrPC (Power of police officer to seize certain property) empowers the Police Officer to seize certain property on existence of a condition that the said property should have been alleged or suspected to have been stolen or which may be found under circumstances which create suspicion of commission of any offence.

[Land Acquisition] Sale Deed Relevant Factor For Determining Just & Fair Compensation: Himachal Pradesh High Court

Case Title: M/s Gujrat Ambuja Cement Factory, Darlaghat & others Vs Sukh Ram (deceased) through LRs & others

Citation: 2023 LiveLaw (HP) 15

The Himachal Pradesh High Court ruled that for determining the value of a piece land, both transactions, i.e. acquisition of land vide Award as well as sale deed are relevant for determining the value of land and, therefore, for arriving at just and fair value of land, it would be appropriate to consider both these transactions and determine the value of land accordingly.

Expounding the law on the determination of market value of land for acquisition, the court observed that it is the purpose for which the land is acquired which is relevant and not nature and classification of land and where nature and classification of the land has no relevance for purpose of acquisition, market value of the land is to be determined as a single unit irrespective of nature and classification of the land.

Himachal Pradesh High Court Refuses To Interfere With State's Policy Refusing Permission To Open New Veterinary Institutes

Case Title: Batt Educational Society Vs State of H. P. & Ors.

Citation: 2023 LiveLaw (HP) 16

The Himachal Pradesh High Court dismissed a plea challenging State's policy to not grant permission to open new Veterinary Pharmacist Institutes, with the objective of bringing uniformity and curtailing their mushrooming growth.

The bench comprising Justices Tarlok Singh Chauhan and Mr. Justice Virender Singh observed,

"The raison d'être of discretionary power is that it promotes the decision-maker to respond appropriately to the demands of a particular situation. When the decision- taking is policy-based, judicial approach to interfere with such decision making becomes narrower".

Some Leeway To Condone Delay In Cases Of Govt Cannot Be Construed As Absolute License To Flout Law: Himachal Pradesh High Court

Case Title: State of HP Vs Kansi Ram

Citation: 2023 LiveLaw (HP) 17

Dismissing an application seeking condonation of delay filed by the Himachal Pradesh government, the High Court observed that the law has equal balance for all and though some leeway is permissible in the case of government but that cannot be construed as an absolute license to flout the law at whims.

"There is no doubt that the conduct of applicants has throughout been reckless and negligent in dealing with the matters having serious repercussion. The entire approach of applicants, without any doubt, can be stated to be lackadaisical", Justice Vaidya observed.