Justice Delayed: Court Ruling Highlights Long Struggle for Land Compensation.
28 March 2024
Land Acquistion >> Property & Real Estate | Property/Real Estate Law >> Property & Real Estate
In a recent ruling of The Administrator Nashik City and Industrial Development Corporation of Maharashtra Ltd. Vs Sham Nariman Dumasia & Others, the court addressed the long-standing issues surrounding compensation for land acquired under eminent domain, specifically concerning a writ petition challenging an order from the District Court regarding compensation calculations for land acquired as early as 1982-1983. The case highlights the complexities and delays often encountered in land acquisition matters, bringing to light the plight of claimants awaiting their rightful compensation for decades.
Background of the Case:
The petitioners contested an order dated August 29, 2022, which reviewed a previous decision from August 4, 2011. This earlier ruling had involved 80 decree holders seeking to verify and compute compensation amounts awarded in a land acquisition case. The original award from 1986 had set compensation rates at 6 and 4 per square meter, later increased through various appeals to 58.80 per square meter for developed plots and 53.55 for undeveloped ones.
Despite these increases, many claimants have waited for more than 38 years to receive their full compensation, with some unfortunately passing away and leaving legal heirs to continue the struggle.
Judicial Findings:
During proceedings, it was revealed that while substantial amounts had been deposited over the years, a remaining balance of approximately ?14 crores still needed to be disbursed. The court expressed its frustration at the prolonged delays faced by claimants due to procedural hurdles, emphasizing the irony that individuals whose lands were forcibly acquired must go through execution proceedings to obtain their due compensation.
The court noted that the last substantial deposit was only made on September 30, 2023, after significant delays. It highlighted the responsibility of the petitioners to comply with prior court orders and acknowledged that interest on the delayed payments was justifiably owed to the claimants.
Issues of Non-Compliance:
The court identified two key issues concerning specific claimants. First, 14 claimants had not filed statutory appeals to secure the enhanced compensation, which led the court to determine that they would not be entitled to the increased amounts. Second, it was noted that one claimant, Shivaji Valu Jagtap, had already received his full compensation, warranting a deduction from the total deposited amount.
Conclusion and Directives:
In dismissing the writ petition, the court upheld the District Court’s orders from 2011 and 2022, emphasizing the need for timely compliance with compensation payments. The petitioners were ordered to deposit an additional ?1,10,48,404 within eight weeks, and the District Court was instructed to ensure proper disbursement of amounts to the eligible claimants while withholding payments to those not entitled.
In a move underscoring the systemic failures that led to these delays, the court also imposed exemplary costs of ?1,00,000 on the petitioners, to be paid to a local educational institution for children with special needs. This decision aims to highlight the urgency of resolving long-standing compensation disputes and ensure that justice is not delayed for those who have already suffered for too long. This case serves as a critical reminder of the judicial system's role in upholding the rights of landowners and ensuring that compensation, awarded under law, is delivered promptly and fairly.