New Delhi: The Supreme Court on Tuesday made some 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 1961 and passed it on to the Centre in 1963.
At the beginning of the hearing, the court expressed its unhappiness with the state government’s response and indicated that it may direct the presence of the Chief Secretary of the state. At this juncture, the state government counsel requested the court to not pass such a direction.
A bench led by Justice B R Gavai warned the state government that if it fails to provide reasonable compensation to the person who lost the land, then it may stop the distribution of freebies under schemes like "Ladli Behna" and "Ladka Bahu". The bench said it may also direct the demolition of the structures built on the illegally acquired land.
"If we do not find the amount to be reasonable… we will direct the structure (to be demolished)….we will direct the compensation for illegally using that land from 1963 till today”, said the bench.
The bench said if the government intends to acquire the land now, then it will have to do it under the new Land Acquisition Act. Justice Gavai told the state government counsel, "Come with a reasonable figure. Ask your Chief Secretary to speak to the CM (Chief Minister). Otherwise, we will stop all those schemes….".
The applicant's counsel informed the court that the 1989 rate has been used for calculation purposes. The bench expressed its discontent with the state's Rs 37 offer to the applicant, whose land was acquired.
The state’s counsel submitted that the Revenue and Forest Department has considered the case of the applicant sympathetically. The bench got irked with this response and told the state's counsel that it could pass an order directing the demolition of the entire structure and the land be restored. The state's counsel urged the court to grant him some time to get instructions in the matter.
The bench has listed the matter for further hearing on Wednesday. On August 7, the top court pulled up the Maharashtra government for not filing its response regarding compensation to an affected private party, saying that the government has funds for distributing freebies under 'Ladli Behna' and 'Ladka Bhau' schemes but not for paying money for the loss of land.
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.
