Maha govt’s decision of not considering ready reckoner rates for land acquired for expressway quashed

Four residents of Washim, whose lands were acquired for the expressway, moved the high court challenging the exclusion of the ready reckoner rates

Mumbai: The Bombay high court on Wednesday struck down a September 2018 decision of the state government against considering the ready reckoner rates while determining compensation for land acquired for the Mumbai-Nagpur Expressway and forcing the landowners to accept the rates at which around 83% of the land was acquired through private negotiations.

The Bombay high court. (HT PHOTO)

A division bench of justices SV Gangapurwala and Vinay Joshi said a circular for the purpose appears to be in consonance with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and Rules but a corrigendum deviated from the provisions of the statute and rules governing the determination of compensation. “Such an executive instruction contrary to the provision of the statute, rules cannot be sustained,” it added while striking down the corrigendum.

The circular said the ready reckoner rates should be taken into consideration while determining the market value of the land to be acquired for a public project. The corrigendum issued with respect to the expressway excluded the ready reckoner rates from the zone of consideration while determining compensation.

Four residents of Washim, whose lands were acquired for the expressway, moved the court challenging the exclusion of the ready reckoner rates from the process of fixing compensation.

Their lawyer, Nikhil Mengade, contended the government cannot apply different criteria for different projects and such policy decision would be violative of the principle of equality enshrined in the Constitution’s Article 14 and also of the 2013 Act.

Advocate general Ashutosh Kumbhakoni, who appeared for the state government, said 83% of the lands required for the expressway were acquired through private negotiations. He added since a small portion was to be compulsorily acquired, such a decision was taken. Kumbhakoni said in any case, the landowners can challenge the award and the computation of compensation and there was no need for the high court to intervene.