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Synopsis

A division bench of the Bombay High Court at Aurangabad comprising Justice Ravindra Ghuge and Justice YG Khobragade recently directed the State Government and the acquiring authority to compensate the farmers for acquiring their lands while observing that despite the court orders neither the authority nor the state government were being sensitized.

“Despite the mandate of this court, it appears that neither the acquiring authority, nor the State Government is being sensitized. If insensitivity is to be blinked at by this court, we are afraid that the rule of law will not prevail and there would not only be a travesty of justice, but would result in miscarriage of justice,” the court observed.

The high court was hearing a bunch of petitions filed by farmers whose lands were acquired by the State Government. The farmers contended that they were not compensated by the government despite the order passed by the Lok Adalat in 2019. The petitioners contended that as per the Government Resolution, the farmers were to be paid the compensation within 180 of the settlement award.

In its judgment, the high court expressed its dismay at the acquiring authorities and revenue authorities for disregarding the Lok Adalat awards and the financial hardships faced by the petitioner farmers. The court remarked that these cases were clear examples of the authorities showing little respect for the Lok Adalat awards, which were issued as far back as 17th December 2019.

The division bench recorded that when a fundamental right of a farmer to cultivate his land being a part of the right to livelihood is taken away, he ought to be compensated.

“It is, thus, recorded that when a fundamental right of a farmer to cultivate his land being a part of right to livelihood is taken away, he ought to be compensated. A farmer’s life is a tale of continuous experiment and struggle for existence. Mere words or a visual can never convey what is means to live a life as an Indian farmer, unless one experiences their struggle and their miseries,” the bench recorded.

While referring to a Supreme Court’s judgement the bench noted that,

“Right to property is not only a Constitutional or a statutory right, but also a human right and human rights are considered to be in the realm of individual rights which are gaining an even greater multifaceted dimension and, therefore, in case the person aggrieved is deprived of the land without making the payment of compensation as determined by the Collector/Court, it would tantamount to forcing the said uprooted persons to become vagabonds or to indulge in anti-social activities as such sentiments would be born in them on account of such ill treatment,”

Furthermore, the bench also observed that it is the legal right of the farmers to receive compensation, and for individuals with vested legal rights, the pursuit of justice is an inherent aspect. Farmers with legitimate claims should not have to plead for justice; rather, they have the right to demand it.  Failure to make such payments within the specified time would legally entail an interest component, which would be calculated and borne by the responsible officers as a penalty for the delay.

The division bench also directed the government and acquiring authorities to ensure that farmers who have recently entered into Lokadalat settlements from 2017 onwards, with no prior cases, receive their awarded amounts within 90 days from the date of the judgment.

Case title: Vasudeo Sonu Patil & Ors vs State of Maharashtra & Ors