Court Directs State to Disburse Rs. 3.35 Crores to Petitioners Within Eight Weeks
In a landmark judgment, the Madhya Pradesh High Court has reinforced the constitutional guarantee of timely compensation for land acquired by the government. The Division Bench, comprising Justices Anand Pathak and B.P. Sharma, ruled in favor of the petitioners, Smt. Shanti Singh and others, directing the State of Madhya Pradesh to disburse a compensation amount of Rs. 3,35,40,000 to the rightful landowners within eight weeks.
The case arose from the acquisition of land for the construction of a National Highway connecting Umariya to Shahdol. The petitioners' land, identified as "missing plots," was acquired under a mutual consent policy outlined in a circular dated March 15, 2016, by the Ministry of Road Transport and Highways. Although the compensation was adjudicated by the competent authority, the petitioners faced significant delays in receiving the payment due to administrative and procedural holdups.
During the proceedings, the petitioners' counsel argued that withholding the compensation violated their constitutional rights under Article 300-A, which guarantees the right to property, and Article 14, which ensures equality before the law. The court concurred, emphasizing that the right to receive compensation is not merely a statutory entitlement but a constitutional guarantee.
The respondents, represented by the Additional Advocate General and legal counsel, acknowledged the completion of acquisition proceedings and the determination of compensation. However, they attributed the delay in disbursement to necessary administrative formalities. The court found this explanation unsatisfactory, highlighting that administrative inefficiencies should not impede the prompt payment of compensation.
The judgment underscored the importance of expeditious acquisition and prompt payment as envisaged in the policy for acquiring "missing plots." By mandating the release of the compensation amount within a stipulated timeframe, the court aims to prevent undue hardships faced by landowners consenting to land acquisition for public purposes.
The decision marks a significant precedent in upholding the rights of landowners and ensuring accountability in government acquisition processes, reinforcing the constitutional principles of fairness and justice.
Bottom line:-
The right to receive compensation for acquired land is a constitutional guarantee under Article 300-A, and withholding such compensation beyond a reasonable time violates Article 14 of the Constitution of India.
Statutory provision(s): Article 300-A, Article 14, Article 226 of the Constitution of India
Smt. Shanti Singh v. State of Madhya Pradesh, (Madhya Pradesh)(DB) : Law Finder Doc id # 2914173
