'You've Crores To Waste On Freebies, But No Money To Compensate Person Whose Land Was Illegally Taken' : Supreme Court To Maharashtra Govt
Today (on August 14), the Supreme Court orally told the State of Maharashtra that while the State has money "to waste" on freebies, there is no money to compensate the person whose land the State had occupied illegally.
"You have thousands of crores to waste on freebies from public exchequer, you do not have the money to give to the person whose land has been deprived without following due process of law.," said Bench of Justices BR Gavai and KV Viswanathan.
The Court was hearing an application filed by a litigant claiming that his predecessors-in-interest purchased a 24-acre land in Pune in the 1950s. The State government occupied that land in 1963. The applicant instituted a suit and won all the way up to the Supreme Court. Subsequently, the decree was sought to be executed, but the State made a statement that the land had been given to a Defence Institute. The Defence Institute, on its part, claimed that it was not a party to the dispute and therefore could not be evicted.
Thereafter, the applicant moved to the Bombay High Court, praying that he would be allotted alternate land. The High Court issued strictures against the state for not allotting alternate land for 10 years. As such, in 2004, an alternate land was finally allotted. Eventually, the Central Empowered Committee informed the applicant that the said land was part of a notified forest area.
Yesterday, the Court sharply rebuked the State of Maharashtra for not coming up with a reasonable amount while also issuing a stern warning that it will order the stoppage of schemes like "ladli behna" and will direct the demolition of the structures built on the illegally acquired land.
“We will direct all your ladli behna….ladli bahu…If we do not find the amount to be reasonable we will direct the structure, may be in the national interest or public interest, everything to be demolished. We will direct the compensation for illegally using that land from 1963 till today and then if you want to acquire now, then you can do it under the new (land acquisition) Act."
“Come with a reasonable figure. Ask your chief secretary to speak to the CM. Otherwise, we will stop all those schemes.,” Justice Gavai sternly said.
In today's order, the court noted, that the land belonging to the petitioner was illegally taken in possession by the State right from 1963. Though the State had no right, it allotted the land. In spite of the finality, arrived in the year 1985, for the last 19 years, the applicants are required to run from pillar to post for getting their legitimate due, the court said. It added that the applicants have been deprived of their land for the period of last 60 years.
"The land has been taken possession by the State and allotted to the agency of the Central Government without any authority of law. As such, the Court would be justified in directing the State to acquire the land now and pay the compensation as per the 2013 act.," the Court marked categorically.
At this stage, the Court recorded the State's submission that the matter is being looked at the highest level. It was submitted that even for compensating the compensation, as per the ready reckoner, certain principles are required to be followed as per relevant rules. The counsel added that for calculating the same, a committee consisting of the collector, town planning officer and joint director of stamps must meet. Further, he said that this process would at least take three weeks.
Not impressed by this submission, the court recorded that "If the State govt wants to act with urgency, in certain matters, decisions are taken within 24 hours." Notwithstanding, the Court was inclined to give more time to the State to work out compensation. While adjourning the matter (to August 23), the Court made it clear that if the State does not come out with the proposal, the Court will be compelled to pass orders that it deems fit and proper in the given circumstances.
Before parting, the Court said that it is not bothered by the steps taken by the State and it is only the final decision that it is concerned with. Notably, the Court also made it clear that in case it is found that there is no application of mind, it will not only direct for the compensation to be paid under the new Act but will also suspend all the freebies schemes rolled out by the State.
"If we find that there is no application of mind and he is being harassed for coming to the Court. Not only we will direct that all compensation to be paid under the new act, we will direct that until that amount is paid, all your freebies schemes will be suspended. You better impress upon the latter part. That will make them act reasonably," Justice Gavai said.
Case Title: IN RE : T.N. GODAVARMAN THIRUMULPAD Versus UNION OF INDIA AND ORS., W.P.(C) No. 202/1995