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Right to Fair Compensation Act | 'Land' Includes Things Attached, Benefits Arising Out Of It: Bombay High Court

Fatima Ansari
13 April 2022 12:10 PM GMT
Right to Fair Compensation Act | Land Includes Things Attached, Benefits Arising Out Of It: Bombay High Court
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The Bombay High Court on Monday dealt with a petition seeking directions to pay proper compensation in terms of the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. A bench of Justices S.V. Gangapurwala and Vinay Joshi noted that under the Act, 'land' includes everything that grows on it. It said,"the term...

The Bombay High Court on Monday dealt with a petition seeking directions to pay proper compensation in terms of the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

A bench of Justices S.V. Gangapurwala and Vinay Joshi noted that under the Act, 'land' includes everything that grows on it. It said,

"the term 'land' defined under Section 3(p) of the Act of 2013 includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth. Thus there is no gainsaying in contending that the factors which are not allegedly considered cannot be agitated before statutory authority."

However, In face of provision for statutory Arbitration for the redressal of grievance, the bench refused to entertain the writ petition filed by Petitioner in respect of his agricultural land acquired for widening of the Pune -Nashik National Highway but hoped that the Arbitrator would consider these factors.

The Petitioner's agricultural land was acquired under the provisions of the National Highways Act, 1956 (Act of 1956). The Petitioner raised grievance about determination of inadequate compensation on account of well, fruit bearing tress, pipeline, bore well etc. Moreover, well and drip irrigation was not considered though award was revised.

The bench noted that subject acquisition is under the provisions of the Act of 1956. Clause (5) to Section 3-G of the Act of 1956 provides a statutory remedy of Arbitrator to be appointed by Central Government in case of dissatisfaction. Clause seven to Section 3-G of the Act contemplates various factors to be considered by Arbitrator while adjudicating the claim. Particularly under Sub-clause (c) to Section 3-G (7) the damages affecting the earning can be considered.

As the law provides adequate remedy of statutory Arbitration for the redressal of grievance, the bench hoped that the statutory Arbitrator will consider all factors in accordance with law.

Case Title : Ganesh Nivrutti Ghadge v State of Maharashtra and ors.

Citation: 2022 LiveLaw (Bom) 139

Click Here To Read/Download Order

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