Mumbai: The Bombay High Court has strongly criticised the Maharashtra government for failing to fulfil its duty by not compensating a villager after acquiring her land for a public project in 1990.
A bench comprising Justices Girish Kulkarni and Somasekhar Sundaresan ruled that acquiring land without adhering to due legal process or providing compensation constitutes a violation of constitutional rights.
The order, issued on May 2, was in response to a petition filed by Sumitra Shridhar Khane, who stated that the government had taken possession of her land in Vhanur village, Kolhapur district, in September 1990, yet she has not received compensation to date.
The court observed that the case represents a breach of the petitioner's constitutional rights under Article 300A of the Constitution, describing it as a fundamental illegality and an ongoing injustice, given that she remains uncompensated.
Irked with the government's lack of empathy, the court said the sad reality could never be overlooked; every person in such a situation may not be so fortunate, in the first place, to be informed of their legal rights and then to receive legal advice and thereafter to knock on the doors of the court.
"Not every person has the means/resources to do so. It is for such a reason that the state officers posted on such duties are under an onerous obligation to adhere to the lawful procedure and protect the rights of such citizens. This is a constitutional duty," the court said.
The court cannot be oblivious to the state's basic constitutional responsibility and obligation, it added.
The bench said that the state's lackadaisical approach and actions or inactions have exacerbated the injustice suffered by the petitioner.
The court ruled that Khane is entitled to compensation for the acquisition of her land and directed the government to calculate the amount payable to her, including interest, and disburse it within four months.
Additionally, the court stated that the government's failure to compensate her constituted a clear violation of her constitutional rights. In the interest of justice, it ordered the government to pay her Rs 25,000 to cover legal expenses.
As per the plea, Khane owned a hectare of land in Vhanur village, Kolhapur. In 1990, certain lands in the village were designated for mass acquisition to rehabilitate individuals affected by the Dudhganga irrigation project.
The petitioner stated that she voluntarily handed over her land to the government following the acquisition notice in September 1990.
While the government argued that Khane was ineligible for compensation due to her voluntary surrender, the court noted that she had never relinquished her right to compensation.
Rejecting the government's claim that compensation cannot be sought three decades later, the court remarked that a continuous wrong had been inflicted upon her, which is unacceptable in a civilised society.
It ruled that acquiring land without due legal procedure and without compensation constitutes an "unconstitutional and arbitrary" act.
The court further stated that such actions not only violate a citizen's constitutional rights but also undermine the provisions of the Land Acquisition Act, rendering them ineffective.
(inputs from PTI)