New Delhi: In a stern message to the Maharashtra government, the Supreme Court on Wednesday said if the state fails to compensate a private party, whose land was "illegally" occupied by it more than six decades ago, it may suspend the state's dole schemes, saying the state has thousands of crores to waste on freebies but does not have money to compensate the person.
A bench comprising Justices B R Gavai and K V Viswanathan told the Maharashtra government counsel, “You have thousands of crores to waste on freebies from the public exchequer. You do not have the money to give to the person whose land (was taken illegally)….without following due process of law”.
The bench noted the land belonging to the applicant was illegally taken into possession by the state and despite succeeding in the litigation right up to the top court, the private party was forced to run from pillar to post to get the legitimate due. The bench noted that the state has offered to pay Rs 37.42 crore as compensation, but the applicant's counsel has submitted that the total amount is around Rs 317 crore.
Justice Gavai warned the state government that the court would suspend its dole schemes if the person is not compensated for the land. Advocate Nishant R. Katneshwarkar, representing Maharashtra, requested the court to give three weeks’ time to the state. Katneshwarkar assured the bench that the matter was being considered at the highest level.
However, Justice Gavai said the bench would grant three weeks’ time but the court would pass an interim order that until “we permit, no freebies schemes should be implemented in the state of Maharashtra. We will stop Ladli Bahin, Ladka Bhau”. The bench said it was not satisfied with the stand taken by the state in its affidavit filed on 9 August, and asked the state's counsel to discuss with the chief secretary and come up with a reasonable proposal.
Finally, the bench decided to give some more time to the state government to work out a reasonable compensation and scheduled the matter for further hearing on August 28.
Katneshwarkar said the state may be permitted to file an affidavit so that they can point out the steps taken by them. "But if we find that there is non-application of mind and he (applicant) is being harassed… not only that we will direct all compensation to be paid as per the new Act, we will direct that until that amount is paid, all your freebie schemes will be suspended," said Justice Gavai.
On Tuesday, the apex court made similar harsh observations against the Maharashtra government for failing to come up with a reasonable compensation regarding a case, where it illegally occupied a person's property and in lieu of it allotted a notified forest land. The state occupied the person’s property in the early 1960’s and later it was passed on to the Centre in 1963.
The state had argued that the said piece of land was occupied by the Armament Research Development Establishment Institute (ARDEI), which was a unit of the Centre's defence department. Later, another piece of land was allotted to the private party in lieu of the piece of land, which was in the possession of ARDEI. However, it was found that the land allotted to the private party was notified as forest land.
On July 23, the apex court noted that the private party, who has succeeded up to this court, cannot be denied the benefits of the decree passed in their favour. Under the 'Mukhyamantri Majhi Ladki Bahin Yojana' announced by the state government earlier this year, Rs 1,500 is slated to be transferred into the bank accounts of eligible women in the age group of 21 to 65 years whose family income was less than Rs 2.5 lakh. Similarly, under the 'Ladka Bhau Yojana' announced by the state government, the scheme's primary goal is to provide financial assistance and practical work experience to young men.
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