Court Criticizes Prolonged Delays, Directs State to Establish Time-Bound Mechanism for Land Acquisition Cases
In a landmark judgment, the Bombay High Court, Aurangabad Bench, has directed the Maharashtra government to expedite the resolution of pending land acquisition cases, emphasizing the need for timely compensation to landowners. The court, presided over by Justices Vibha Kankanwadi and Hiten S. Venegavkar, ruled in favor of the petitioners, led by Shahadeo, who had been deprived of their land rights for almost three decades.
The petitioners, whose lands were acquired for the construction of a village tank in 1996, were left without compensation despite the project's completion in the same year. The court criticized the state's failure to fulfill its statutory obligations, which led to undue hardship for the landowners and a significant financial burden on the state exchequer due to interest and escalated compensation costs.
Highlighting systemic administrative failures, the court noted that such delays are not isolated incidents but part of a larger issue within the state's land acquisition processes. The bench emphasized the importance of protecting property rights under Article 300A of the Indian Constitution, which mandates that no person shall be deprived of their property without due compensation.
The court directed the Maharashtra government to implement a comprehensive and time-bound strategy to resolve all pending land acquisition cases. This includes identifying cases where possession has been taken without awarding compensation and ensuring accountability among officials for any negligence. The court recommended an administrative examination to identify responsible officers and suggested recovering financial losses from negligent officials or institutions where possible.
In a rare move, the court retained supervisory jurisdiction through a continuing mandamus, requiring the state to file periodic compliance reports detailing progress in resolving these cases. The court's decision underscores the judiciary's proactive role in ensuring statutory and constitutional duties are met, particularly in safeguarding citizens' rights against administrative inefficiencies.
The judgment also directed the Collector of Beed to complete the compensation process for the petitioners within eight weeks, including the payment of interest as stipulated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The court has set a compliance review date for March 10, 2026, and ordered the Collector to deposit Rs. 35 lakh in the court as part of the compliance measures.
Bottom Line:
Land Acquisition - Authorities' failure to discharge statutory obligations in a timely manner, causing prolonged hardship and harassment to landowners and imposing financial burden on the State exchequer through interest and escalated compensation.
Statutory provision(s): Land Acquisition Act, 1894, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Article 300A of the Constitution of India
Shahadeo v. State of Maharashtra, (Bombay)(DB)(Aurangabad Bench) : Law Finder Doc id # 2854423
