High Court Orders Government to Provide Compensation or Return Land Used for Roads

The case related to the Jangi-Thopan Hydro Power Project has been in controversy since its inception. After the foreign company, Brakel, backed out, the Adani Group also does not want to construct this project. The 960-megawatt hydro power project was awarded to Brakel in 2007. The company declared itself insolvent, and the upfront premium was not deposited. Subsequently, this project was given to the Adani Group. The Adani Group has demanded a refund of Rs. 280.06 crores, including interest, for the upfront premium. Later, the tender for this project was canceled. The Brakel company had also written to the Himachal Pradesh government, and in August 2013, it requested the Adani Group to repay the upfront premium. In October 2017, the state government took back the decision to return the amount of Rs. 280.06 crores to the Adani Group, which was appreciated by the cabinet meeting.

The court has found that the state government, without resorting to the provisions of the Land Acquisition Act, used the land for constructing a road from Rakad to Basoli in Una district. The court has said that this is an example of violating the legal process without seeking the oral consent of the landowners. The court has also stated that the state government’s actions not only violate the rights of its citizens but also infringe upon human rights as well as constitutional rights. The court has stated that the state, which is supposed to protect the rights, lives, and property of its citizens, is definitely violating the judicial conscience by carrying out such acts. The court has said that the state cannot save itself on the basis of delay, and there can be no limitation on delivering justice.