The Bombay High Court has strongly criticised the Maharashtra government for its failure to compensate a villager whose land was acquired over three decades ago for a public project, calling the inaction a gross violation of constitutional rights.
A division bench of Justices Girish Kulkarni and Somasekhar Sundaresan, in a judgment passed on May 2, came down heavily on the state authorities for not paying compensation to Sumitra Shridhar Khane, whose land in Vhanur village, Kolhapur district, was acquired in September 1990 under a mass acquisition drive for the Dudhganga irrigation project.
Khane filed a petition seeking redress after decades of silence and inaction by the state. The court observed that acquiring someoneโs land without due process and without compensating the person amounts to a โpatent breachโ of Article 300A of the Constitution, which guarantees the right to property.
“This is a case of continuing wrong. The Stateโs approach shows a complete disregard for its constitutional obligation and basic fairness,โ the bench said, adding that it was “quite astonishing” that the government would attempt to evade its obligatory duty.
The court categorically rejected the governmentโs claim that Khane had voluntarily given up the land and hence was not entitled to compensation. โThe petitioner never waived her right to compensation,โ the court noted.
Stating that the injustice caused was compounded by the government’s indifference, the court underscored that many citizens, particularly those from rural or disadvantaged backgrounds, may not have the knowledge or means to assert their legal rights. โNot every person has the means or resources to approach the court. It is for such reasons that state officers must adhere strictly to lawful procedures and protect the rights of such citizens,โ the court said.
Asserting that the government must apply the law equally, regardless of a personโs socio-economic status, the court reminded the State that equality before the law is a constitutional guarantee and cornerstone of a welfare state.
In its order, the High Court directed the Maharashtra government to compute and disburse the compensation due to Khane along with applicable interest within four months. Additionally, the court awarded her โน25,000 towards legal expenses.
โThis is not merely a lapse but a breach of constitutional and statutory mandates. Any such action has no place in a civilised society,โ the bench said in strong words.
