In a scathing indictment, the Supreme Court on Monday chastised the state of Tamil Nadu for its prolonged delay in compensating landowners whose lands were acquired by the state for public purposes.
“You are violating the rights of people. You do not compensate poor landowners and when they are forced to come to this court, you say ‘we can pay them now’. This is what your officers are doing. Do they have any shame left? This is sheer high-handedness,” a bench of justices Surya Kant and KV Viswanathan told senior counsel Amit Anand Tiwari. Tiwari was representing the state as its senior additional advocate general (AAG).
The apex court’s criticism came during a hearing on a petition filed by aggrieved landowners seeking justice for the protracted delay in receiving compensation for their acquired lands in Markethiyanur Villag of Vellore district.
Tiwari, on his part, informed the bench that the land was used by the state to build a road from Matrapalli to Javadu Hills under the Tamil Nadu Tribes Development Scheme in 1979. He added that the state authorities had a private negotiation with the aggrieved landowners in 2002 under which landowners were to be paid ₹4.30 lakh. According to the AAG, the state was ready to compensate the landowners of their shares.
Irate, the bench retorted: “Is your state obligating the landowners or this court by paying the compensation after 40 years? You are insulting poor landowners with your attitude. We will not allow this. And your officers are now telling us that we will compensate the landowners the same amount that was due to them 40 years ago.”
{{/usCountry}}Irate, the bench retorted: “Is your state obligating the landowners or this court by paying the compensation after 40 years? You are insulting poor landowners with your attitude. We will not allow this. And your officers are now telling us that we will compensate the landowners the same amount that was due to them 40 years ago.”
{{/usCountry}}The bench expressed strong disapproval of Tamil Nadu’s sluggishness in disbursing compensation to farmers and small landowners, lamenting the court had to deal with several such instances from the southern state. The court emphasised that the state cannot overlook the plight of poor farmers and small landowners, citing the fundamental principle of justice and fairness.
It also berated the state for having a junior officer file an affidavit in the top court. “You make a tehsildar file an affidavit before the top court. What’s this? Your bureaucrats have become so arrogant that they will make any officer file affidavits,” the bench told Tiwari.
Furthermore, the bench indicated its inclination to impose exemplary cost on the state for its lapses and delays in compensating the affected landowners, besides summoning the chief secretary of the state.
Tiwari, however, assured the bench that the state will make full compliance with the directives and that the top bureaucrat need not be called upon. Accepting the AAG’s request, the court did not summon the chief secretary while it directed the state to disburse the compensation to the aggrieved landowners along with an interest of 12% per annum since 1982. The road project was completed in 1982. The bench gave the state eight weeks to disburse the amount, directing an officer of the rank of additional chief secretary to file a compliance affidavit.
In its order, the bench also recorded that “this is not the first case in which the state of amil Nadu has brazenly violated the law and taken away the land of poor farmers without paying compensation.”