State cannot say it won't pay compensation after acquiring private person's land for public work: Gujarat High Court

The Gujarat High Court recently said that if State authorities acquire a private land parcel of a citizen for a public project, then it cannot say it would not pay any compensation to the concerned citizen. .A bench of Chief Justice Aravind Kumar and Justice Ashutosh J Shastri was hearing a plea filed by a farmer seeking compensation from the State, which used part of his land in 1983 for constructing of a canal in Vadnagar district but didn't pay a penny to him. "The State, if acquires a private property for a public work cannot later say a no to granting compensation. If it seeks to acquire a land parcel it ought to pay proper and just compensation. In the instant case, the illegality committed by the authorities of depriving the petitioner of his valuable land has continued for all these years," the bench said. .The order was passed after the bench noted that the petitioner moved the court after a delay of nearly 39 years. While the land was acquired in 1983, the farmer moved the Court only in August 2022, the Court noted.However, the bench also took note of the fact that the government authorities without commencing the acquisition proceedings had directly used the land parcel and, thus, committed an illegality, which perpetrated for 39 long years. .Noting the prayers, the judges sought to know from the petitioner as to why he didn't approach the court before. "Tell us what were you doing all these years. Why have you suddenly woke up from your slumber?" Chief Justice Kumar asked. To this, the counsel for the petitioner pointed out that his client is an illiterate person and doesn't know the law. To this, the Chief Justice quipped,"Show us the law which says that there is a separate law for literate persons and separate for illiterate citizens. You should explain the delay and not do this.".The bench finally asked the petitioner to give up his claim of 15 per cent interest for all 39 years and only then it would consider his prayers. "If you calculate, the amount would be roughly ₹70 lakhs (with 39 years interest) and ₹30 lakhs solatium. Did you slept over this issue thinking this is a safe investment? We just cannot let tax payers money be wasted like this when you come to court after 39 years," the Chief Justice remarked. .The bench thus, asked the petitioner to claim interest only for 3 years, which is a reasonable time period. The counsel agreed to this. However, the government counsel then raised an objection citing a Supreme Court order which dismissed a similar plea wherein there was a delay of 20 years in approaching the court. .Hearing the submissions, CJ Kumar said, "Okay. So you (government) want us to continue your illegality? You have violated his (petitioner's) rights."The bench further clarified that in any matter, if the State fails to compensate persons, whose lands are used for more than three years then it would impose hefty damages on the government authorities. With these observations, the bench ordered the authorities to pay the compensation to the petitioner expeditiously.

State cannot say it won't pay compensation after acquiring private person's land for public work: Gujarat High Court

Narsi Benwal

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