HC acts against Thane Dy Collector for hurried compensation disbursal

The direction was given by a division bench comprising Justice MS Sonak and Justice Jitendra Jain, which was hearing a land dispute case

MUMBAI: The Bombay High Court has directed disciplinary proceedings against the Thane Deputy Collector (Land Acquisition) for hurriedly disbursing around ₹12 crore in compensation in a case where six agriculturalists had allegedly falsely claimed to be owners of the land.

Mumbai, India - September 03, 2021: Bombay High Court at Fort, in Mumbai, India, on Friday, September 03, 2021. (Photo by Anshuman Poyrekar/Hindustan Times) (Anshuman Poyrekar/HT PHOTO)

The direction was given by a division bench comprising Justice MS Sonak and Justice Jitendra Jain, which was hearing a land dispute case.

“We note that instances are on the rise where SLAOs (special land acquisition officers) and competent authorities, ignoring legal provisions and decision of the Hon’ble Supreme Court and this Court, and even Government Resolutions (GR), rush to disburse the compensation amounts,” the court noted on May 6.

The court was perusing a GR which stated that compensation in apportionment proceedings should not be disbursed for a minimum four weeks. The deputy collector had earlier been told to file an affidavit detailing the circumstances under which he had delivered his April 21 order, and his hurried disbursal of ₹12,74,00,000 by April 29.

Apportionment refers to dividing compensation received for acquired land among several individuals or parties with different interests in the land.

In his affidavit, the deputy collector stated that since there was no stay by an appellate authority or any court, he assumed he was at liberty to decide the apportionment dispute himself, without referring it to the appropriate authority or the court. The court, however, observed that there was a dispute regarding ownership of the acquired land, which the deputy collector was not competent to decide.

The court was further told that the money received by the agriculturalists had been transferred to various relatives and invested in gold and real estate within days after the compensation was disbursed. The court has now directed the agriculturalists to deposit the investments and money within their control with the court. It also referred huge cash withdrawals made to the Income Tax authorities.