In a remarkable decision, the Bombay High Court has set a precedent by excusing a 40-year delay in a case involving a litigant who approached the court against land acquisition. This decision underscores the principle that the State’s obligation to compensate cannot be negated by procedural delays.
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The division bench, consisting of Justices BP Colabawalla and Somasekhar Sundaresan, addressed the issue of a landowner who had not been compensated for land acquired by the State. The bench pointed out the critical fact that possession of the land had been taken without paying any compensation to the landowners. In their view, denying the landowners their right to be heard, merely on the basis of delay, would be an injustice. The Court stated,
“We find that denying the petitioners an opportunity of their writ petition even being considered merely on the ground of delay would be unjust to the Petitioners. On the other hand, considering the writ petition on merits would not tilt the scale against MSEDCL and the State. The State cannot, on the ground of delay and laches, evade its responsibility towards those from whom private property has been expropriated.”
The case involved the Maharashtra State Electricity Distribution Company Limited (MSEDCL), which had taken possession of the land. The Court disagreed with MSEDCL’s stance and recognized that the petitioners had made a valid case for receiving compensation. However, the Court clarified that it could not direct MSEDCL to vacate the plot or hand it over to the petitioners, considering the interests of multiple stakeholders in the land’s current use. The Court explained,
“Multiple stakeholders have an interest in the use to which the subject land has been put, and there can be no question of granting such relief.”
In its order dated January 5, the Court directed the Collector of Thane to compute the compensation payable to the petitioners under the provisions of the 2013 Land Acquisition Act. The Court ordered that a compensation award should be passed within three months.
This ruling is a significant one in the context of land acquisition in India, particularly in cases where there has been a considerable delay in approaching the court. It highlights the judiciary’s commitment to ensuring justice and fairness, emphasizing that the right to compensation for expropriated property is a fundamental one that cannot be overlooked due to procedural lapses.
