Court rules against technical denial of compensation, affirming equal compensation rights for all co-owners under the Land Acquisition Act.
In a significant ruling, the Himachal Pradesh High Court has affirmed the rights of co-owners to receive equal compensation for land acquired under the Land Acquisition Act, 1894. The judgment, delivered by a division bench comprising Chief Justice Gurmeet Singh Sandhawalia and Justice Bipin Chander Negi, addressed the petition filed by the legal representatives of the deceased Sohan Lal against the HP Electricity Board.
The case revolved around the compensation for land acquired for the Ghanvi Hydel Power Project in Village Ghanvi, Rampur Busahr, Himachal Pradesh. The acquired land belonged to two co-owners, Sh. Bahu Ram and Sh. Kali Ram. The court highlighted the unjust denial of enhanced compensation to Sh. Kali Ram's successors, which was granted to other co-owners, including Sh. Bahu Ram, under the same acquisition notification.
The court underscored the principle of fair compensation, emphasizing that denying equitable compensation on technical grounds contradicts good governance and fair treatment principles. It noted that the Land Acquisition Act requires compensation to be judicially determined and uniformly applied to all affected landowners.
The bench referred to several precedents, including the Supreme Court's ruling in "Ramphal v. Haryana State Industrial and Infrastructure Development Corporation Limited" and "Jalandhar Improvement Trust v. State of Punjab," which upheld the rights of co-owners to benefit from enhanced compensation granted to other co-owners.
In their petition, the representatives of Sh. Kali Ram sought compensation at the rate of Rs. 48,400 per bigha, the same as awarded to other co-owners, along with statutory benefits. The court ordered the compensation to be paid within three months, granting interest for five years, acknowledging the delay in seeking redressal due to procedural hurdles.
The ruling reaffirms the judiciary's commitment to ensuring fair compensation in land acquisition cases and sets a precedent for equitable treatment of co-owners in similar situations.
Bottom Line:
Compensation for land acquired under Land Acquisition Act - Co-owners entitled to same compensation as granted to other co-owners for same land - Denial on technical grounds unjustified.
Statutory provision(s):
Land Acquisition Act, 1894 Sections 18, 28A, 54
Sohan Lal (Deceased) v. HP Electricity Board, (Himachal Pradesh)(DB) : Law Finder Doc id # 2869170
