Bombay High Court Criticises Maha Govt Over 'Systemic' Failure In Dealing With Land Acquisition Cases, Asks State To Be In 'Mission Mode'

Criticising the Maharashtra Government for its 'systemic' failure to pay proper compensations in land acquisition cases, which reflect a 'disturbing and sorry state of affairs' the Bombay High Court on February 17, directed the State to be on a 'mission mode' and identify pending cases of land acquisition across the State and then conclude the same by passing awards etc. Sitting at the Aurangabad seat, the division bench of Justice Vibha Kankanwadi and Justice Hiten Venegavkar noted the most disturbing state of affairs in a petition wherein compensation was not paid for three decades now, despite acquiring the land for constructing a village well, which the bench said reflects a continuing failure on the part of the respondent authorities to discharge their statutory and constitutional obligations in matters of land acquisition. "The issues which repeatedly come before this Court in matters of land acquisition, disclose a deeply disturbing and systemic failure on the part of the State administration. In a large number of cases, lands belonging to citizens many of whom are agriculturists, illiterate or rustic persons have been taken into possession by the acquiring authorities several years, and in some cases several decades, ago. Public projects have been completed and are in full operation. Yet, despite possession having been taken and the land having vested in the State, the acquisition proceedings have not been taken to their logical and lawful conclusion," the judges observed in the order. Either awards have not been passed at all, or though awards have been passed, compensation has neither been paid to the landowners nor deposited with the competent authority in accordance with law. The result is that landowners are compelled to approach this Court repeatedly seeking writs of mandamus for enforcement of what is, in truth, a basic statutory and constitutional obligation of the State, the bench noted. The judges said that such inaction results into various consequences: Firstly, it causes manifest hardship, harassment and injustice to landowners, who are deprived of both their property and the compensation guaranteed by law. Secondly, it results in enormous and avoidable financial burden on the State exchequer. Where no award is passed for long periods after possession is taken, the compensation is ultimately required to be determined under the prevailing statutory regime, often at current market rates under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, thereby multiplying the compensation manifold."In cases where compensation was determined years earlier but not paid or deposited, statutory interest often not less than 15% per annum accrues for decades. Thus, a modest compensation amount, which could have been discharged in time, swells into two or three times, and in some cases far more, solely due to administrative negligence. This additional financial burden is ultimately borne by the public exchequer and paid from funds meant for welfare, development and basic necessities of citizens," the bench pointed out. The judges expressed displeasure over the attitude of the State and its officials and observed the it cannot permit the State to plead its own inaction, inefficiency or inter-departmental delays as a defence. "Once land is taken from a citizen, the obligation to determine and pay compensation is absolute. Article 300A of the Constitution mandates that no person shall be deprived of his property save by authority of law. Authority of law does not end with taking possession; it necessarily includes lawful determination of compensation and payment or deposit thereof," the bench observed. There is no concept in constitutional or statutory law of "acquisition without compensation due to administrative lapse" the judges made clear, while adding that the continued failure to complete acquisition proceedings, even after possession and completion of projects, amounts to a continuing wrong and a continuing breach of constitutional duty."The Court is equally mindful that many affected landowners, particularly agriculturists and illiterate persons, may not even be aware that formal acquisition proceedings have been initiated or concluded, or that they are entitled to compensation and statutory interest. Others may be aware but lack the knowledge, resources or access required to approach courts. The State, which claims to be a welfare State, cannot be permitted to take advantage of such ignorance or helplessness. Property rights under Article 300A are not illusory rights available only to those who can litigate; they are constitutional guarantees enforceable against the State itself," the bench said. The bench while reminding itself about its 'limited role' in policy matters, stated that where statutory duties are repeatedly breached on a large scale, resulting in continuing illegality, injustice to citizens and massive loss to the public...

Bombay High Court Criticises Maha Govt Over 'Systemic' Failure In Dealing With Land Acquisition Cases, Asks State To Be In 'Mission Mode'

Narsi Benwal

Tags