Land acquisition: HC directs govt to pay compensation to farmers who entered Lok Adalat settlements

The HC said that the failure of the authorities to compensate the farmers whose lands were acquired for various projects would result in farmers indulging “in anti-social activities as such sentiments would be born in them on account of such ill-treatment”

MUMBAI: The Bombay high court recently came down heavily on the state government and land acquisition authority for not compensating farmers as per Lok Adalat awards since 2017. The HC said that the failure of the authorities to compensate the farmers whose lands were acquired for various projects would result in farmers indulging “in anti-social activities as such sentiments would be born in them on account of such ill-treatment”.

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The HC directed the authorities to pay compensation to the farmers whose lands were acquired from 2017 to 2019. The court asked the authorities to pay compensation within 45 to those, who have received part payment, within 90 days for those who are yet to receive the amount, and within 180 days to those, whose lands were acquired thereafter as per a government resolution of July 2021.

The division bench of justice Ravindra Ghuge and justice Y B Khobragade of the Aurangabad bench of the HC, while hearing 12 petitions filed by around 40 farmers from Marathwada region, was informed that the farmers had approached the court as they had surrendered their lands pursuant to settlements in Lok Adalats held in 2019, but they were yet to receive the compensation despite repeated representations.

The bench was also informed that despite various orders passed by the court in this regard, except for assurances the state and land acquiring authorities had not given the farmers the due amounts.

Advocates Ajeet and Sakshi Kale for the petitioners also informed the bench that many of the farmers were unable to approach the HC due to financial constraints and hence directions should be issued for such farmers as well.

The state government, on its part, submitted that it was in the process of implementing the GR issued in July 2021 to compensate the farmers.

After hearing the submissions, the bench noted that “Human rights are considered to be in the realm of individual rights, which are gaining an even greater multifaceted dimension and, therefore, in case the person aggrieved is deprived of the land without making the payment of compensation as determined by the Collector/Court, it would tantamount to forcing the said uprooted persons to become vagabonds or to indulge in anti-social activities”.

Chiding the land acquisition authority’s attempt to create a make-believe picture that they have been trying their best to ensure that the funds are received, the bench said, “This is an eyewash, a farcical act. A mirage is created to hold out assurances to the farmers that their payments would be made. This is merely an illusion.” Noting that if such an attitude of the state was ignored it would cause starvation, penury, and tremendous unrest amongst such farmers.

Stressing on the need for delivering justice, the bench said, “Those who have legal right ought not to be made to beg for justice, rather it is their right to demand justice.”

The bench then directed the state to ensure that the compensation to the farmers who have entered into Lok Adalat settlements should be paid within 180 days, as per the 2021 GR.

The bench also issued an ultimatum to the acquiring authorities and the state that they would clear the entire legal dues of the petitioners, who have received some payment within 45 days and to those who are yet to receive any payment in 90 days, failing which it would apply the interest component to the compensation amount which would come from the salaries of the officers responsible for the delay in remitting the amounts to the farmers.