In the absence of written consent to voluntarily give up their land, the appellants were entitled to compensation in terms of law. The need for written consent in matters of land acquisition proceedings, has been noted in fact, by the full court decision of the High Court in Shankar Dass (supra) itself, which is relied upon in the impugned judgment.
23. This court, in Vidya Devi (supra) facing an almost identical set of facts and circumstances – rejected the contention of ‘oral’ consent to be baseless and outlined the responsibility of the State:
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 2273 OF 2022
SUKH DUTT RATRA & ANR. Vs STATE OF HIMACHAL PRADESH & ORS.
Coram: S. RAVINDRA BHAT; PAMIDIGHANTAM SRI NARASIMHA, JJ.
Dated: April 06, 2022
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