Will Stop Schemes Like 'Ladli Behna' : Supreme Court Warns Maharashtra Govt Over Not Paying Land Acquisition Compensation

“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," Justice Gavai said.

“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.

At the commencement of the hearing, when the Court expressed its inclination to direct the presence of the Chief Secretary of the State, the State Counsel requested to refrain from passing such directions.

“If any officer takes (action) against you for assisting the case then we will show that officer his place. We are here to protect our law officers also.,” Justice Gavai said categorically.

Senior Advocate Dhruv Mehta (appearing for the applicant) submitted that since the ready reckoner was introduced in 1989 thus, the 1989 rate has been used (for calculation purposes).

At this, Justice Gavaiasked the State: “Why are you being so gracious to offer 37 crores, only give them (16) lakhs?”

During proceedings, the State's counsel tried convincing the Court. Reading for the affidavit, he said “the revenue and forest department has considered the case of the Applicant sympathetically (reads from the affidavit)”

However, the court said that it would direct that the entire structure on land, allotted illegally, be demolished and the land be restored. Justice Gavai also stated that in the year 1961, Article 31A of the Indian Constitution was very much in play.

Though the matter was listed for a post-lunch session, when the Counsel expressed his difficulty that the Chief Secretary is in Cabinet and will be free around 3 pm, the Court listed the matter for tomorrow.

The Bench of Justices BR Gavai and KV Viswanathan was hearing the TN Godavarman case, an omnibus forest protection matter. The present application was filed by a litigant claiming that his predecessors-in-interest purchased a 24-acre land in Pune in the 1950s. When the state government occupied that land in 1963, they 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.

Previously, the Court had pulled up the Maharashtra government for not filing an affidavit regarding, inter-alia, the details of the compensation given in a case wherein the State illegally occupied a person's property and allotted a notified forest land instead.

“Do not take the Court for granted. You cannot treat every order of the Court in a casual manner. You have enough of money for Ladli behna (scheme). I read today's newspaper…all the money on freebies, you should take little bit for compensating the loss of land.,” said Justice Gavai during the previous hearing.

Case Title: IN RE : T.N. GODAVARMAN THIRUMULPAD Versus UNION OF INDIA AND ORS., W.P.(C) No. 202/1995