New Delhi: The Supreme Court on Tuesday sharply rebuked the state government for not coming up with a reasonable amount for compensation for a private party whose property was “illegally” occupied by the state more than six decades ago.
A bench of Justices BR Gavai and KV Viswanathan gave a stern warning that if the government does not give reasonable compensation to the person, then it will order the stoppage of schemes like ‘Ladki Bahin’.
“If we do not find the amount to be reasonable, we will direct the structure, may be in the national interest or public interest, to be demolished. We will direct the compensation for illegally using that land from 1963 till today.
During the hearing, the Maharashtra government told the court that it is ready to pay Rs 37.42 crore as compensation. The state government’s counsel said the revenue and forest departments have considered the land owner’s case sympathetically.
The court was hearing a matter related to construction of buildings on forest land in the state, where a private party has succeeded in the apex court to get possession of the land that was ‘illegally occupied’ by the state government.
The state government has claimed that the said piece of land was occupied by the Armament Research Development Establishment Institute (ARDEI), a unit of the Centre’s defence department.
The government has said subsequently, another piece of land was allotted to the private party in lieu of the land that was in the ARDEI’s possession. However, later it was found that the land allotted to the private party was notified as forest land.
In its July 23 order, the bench noted that the private party, who has succeeded up to this court, cannot be denied the benefits of the decree passed in his favour.
“Firstly, the action of the state government in encroaching upon the land of a citizen was itself illegal. Secondly, the state ought to have taken due precaution before allotting a piece of land.
Noting that the matter has been pending for almost 15 years, the bench pointed out that the state government is yet to come up with a concrete proposal.
