HC pulls up Maharashtra govt for not paying compensation to villager for land acquisition in 1990
Mumbai, The Bombay High Court has come down heavily on the Maharashtra government for evading its obligatory duty by not paying compensation to a villager after acquiring her land for a public project in 1990.
A bench of Justices Girish Kulkarni and Somasekhar Sundaresan held that acquiring a person's land without following due process of law and/or without paying compensation amounted to a violation of constitutional rights.
The order was passed on May 2 in a petition filed by Sumitra Shridhar Khane, who said the government had acquired her land at Vhanur village in Kolhapur district in September 1990, but she hasn't been paid compensation to date.
The court noted that the case depicted the breach of the petitioner's constitutional rights guaranteed under Article 300A of the Constitution, which is the basic illegality and a wrong done to her, and it was also a case of continuing wrong, as she is yet to be compensated.
Irked with the government's lack of empathy, the court said the sad reality could never be overlooked that every person in such a situation may not be so fortunate, in the first place, to be informed of their legal rights and then to receive legal advice and thereafter to knock the doors of the court.
"Not every person has the means/ resources to do so. It is for such a reason that the State officers posted on such duties are under an onerous obligation to adhere to the lawful procedure and protect the rights of such citizens. This is a constitutional duty," the court said.
The court cannot be oblivious to the State's basic constitutional responsibility and obligation, it added.
The bench said that the State's lackadaisical approach and actions or inactions have exacerbated the injustice suffered by the petitioner.
It was "quite astonishing" that the state government would intend to evade its obligatory duty of paying compensation to Khane, it said.
The court declared that Khane was entitled to compensation for the acquisition of her land and directed the government to compute the compensation payable to her and disburse the amount with interest within four months.
It further said that since there was a patent breach of the petitioner's constitutional rights, it is appropriate and imminent in the interest of justice to direct the government to pay her ₹25,000 for legal expenses.
In a society governed by the rule of law, there can be no discrimination in law, the court said, adding that there cannot be different standards, yardsticks and methods in the application of the law to persons of limited means who are not literate or well versed of their legal and constitutional rights.
"Likes should be treated alike. This is a constitutional guarantee of equality before the law and equal protection of the laws in a welfare state," the court said.
The bench remarked that it was the solemn duty and responsibility of the State to uniformly apply the law, as also take corrective actions when it is noticed that the State's actions are in breach of law and the constitutional rights.
"Any breach of such fundamental mandates has no place in a civilised society," the bench said.
As per the plea, Khane owned a hectare of land at Vhanur village in Kolhapur. In 1990, some lands in the village were notified for mass acquisition for a public project of rehabilitation of persons affected by the Dudhganga irrigation project.
The petitioner said pursuant to the acquisition notice, she had voluntarily handed over her land to the government in September 1990.
While the government claimed that since Khane had voluntarily given the land, she was not eligible for compensation, the court noted that she had never given up her right to compensation at the time.
The court also refused to accept the government's contention that the petitioner can't seek compensation three decades later and said it cannot fathom that in a civilised society, a situation of continuous wrong is being caused to a person.
The court, in its order, said under Article 300A of the Constitution, a person can be deprived of his or her property only by a process known to law and hence, any action to take over or acquire land without following the due process of law and without payment of compensation would amount to an "unconstitutional and arbitrary" action.
It said such action not only results in a breach of the constitutional right guaranteed to a citizen of this country but also renders the provisions of the Land Acquisition Act, under which the person is sought to be deprived of his or her land, nugatory.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Indian Express
an hour ago
- Indian Express
Census must not only count women — it must count them properly
Numbers have always told stories: Of progress, pain, and power. But too often, they have also erased people at the margins. As the country prepares for its next Census, we must ask: Will we count women in a way that reflects their diversity and realities? Or will the most marginalised be once again statistically invisible and politically excluded? The passage of the Women's Reservation Bill — formally the Constitution (106th Amendment) Act — in September 2023 was a watershed moment. But its implementation has been delayed as it depends on the delimitation exercise, tied to the Census. This means that how we conduct the Census will shape not only who gets counted, but also who gets a seat at the table potentially for decades to come. Therefore, the upcoming Census is not just a statistical operation. It is a unique opportunity to shape the scaffolding for a more inclusive democracy. But for that to happen, it must be gender-responsive in design and execution. Over the past decade, I have witnessed firsthand how women in politics confront entrenched structural hurdles. Casual sexism within party ranks, lack of access to campaign finance, being ignored by the media, threats of violence — both online and physical — and being constantly overlooked by their respective political parties in ticket distribution for legislative seats. These challenges are magnified for women belonging to marginalised communities. Dalit, Adivasi, Muslim, queer, and disabled women, among others, face multiple and intersecting layers of discrimination. Simply reserving seats without addressing the ecosystem of exclusion will only reproduce inequalities in new forms. The Census will not only be about collecting sex-disaggregated data. It should recognise that women are not a monolith and ensure that questionnaires reflect that complexity. These are some steps that can be taken: Gender-data can be cross-tabulated with indicators for literacy, employment, land ownership, bodily abilities, religion, caste, etc; partnering with experts in gender and caste research, keeping in mind that caste and subcaste formations can also be regional in nature; building public data portals that allow civil society to filter, analyse, and visualise gender-aggregated data; most importantly, the enumerators should be trained in gender sensitivity. In 2011, the Census made a landmark move by including a separate 'other' gender category. But the enumeration process was poorly designed and inconsistently applied. This led to underreporting and misclassification of trans and non-binary persons. The next Census needs to correct this process of insensitivity and invisibilisation. Some may argue that implementing a robust, gender-responsive Census is too resource-intensive. Yet, without it, we risk implementing laws that are still rooted in the status quo. Applied to women's representation, it will replicate existing power structures, with privileged women at the helm. Once the Women's Reservation Act is enacted after a gender-responsive Census, we can monitor: If reserved seats across constituencies reflect the diversity of India's female population; if selection processes by political parties for reserved seats are evidence-backed, instead of being arbitrary; that there is a pipeline from panchayat to Parliament to prevent co-optation by elite women. These mechanisms would ensure that the policy is not tokenistic, and actually represents the women of India. Further, it will help us answer these critical questions: How do we ensure women from the Other Backward Classes are not overlooked in seat allocations? How will political parties be held accountable for fielding women candidates from SC and ST communities – not just in reserved constituencies, but also in general ones? Gender-disaggregated data would make visible those who are routinely ignored. And visibility matters because it seeds awareness, enables activism, and builds political pressure. A Census that fails to see women in all their lived realities is incomplete and unjust. The Census is a political mirror. But without gender-responsive tools, it offers only a distorted reflection. Every person counts in a representative democracy, and every woman must be counted where it matters most: In our legislatures, policies, and collective future. Because women are not just half the population — we are half the potential. And it's high time India sees us that way. The writer is the founder of Femme First Foundation and the lead author of The Fifteen: The Lives and Times of the Women in India's Constituent Assembly
Hindustan Times
2 hours ago
- Hindustan Times
Was Trump legally authorized to bomb Iran? DOJ answers
Jun 23, 2025 06:24 AM IST A senior Justice Department official has noted that Donald Trump conducted the strikes against Iran under his Article II constitutional powers, in consultation with the White House counsel and the Justice Department. While the president does have broad authority to order the use of military force and to advance other national interests under Article II of the Constitution, Congress has the authority to declare war under Article I. Was Trump legally authorized to bomb Iran? DOJ answers(AP) According to the DOJ official, President Trump is also relying on memos written by the DOJ's Office of Legal Counsel under administrations of both parties, as reported by CNN. They added that if the conflict continues for a long period, the administration might need Congress' approval. However, they noted that 'bombing three nuclear sites' does not require congressional approval under Article I, and as the Trump administration has the backing of senior officials in the House and Senate, the White House is confident it is on solid legal ground. Previously, a White House official told CNN that Trump used 'his legal authority as commander in chief' to order the strikes on Iran. Meanwhile, Attorney General Pam Bondi is set to testify before the House. She is expected to be questioned about the issue, and could reiterate Trump's dependency on his Article II powers and the earlier memos from the Office of Legal Counsel. The US' bombing of Iran Trump recently announced that the US had launched strikes against three Iranian nuclear sites. The decision to involve the US directly came after more than a week of strikes by Israel on Iran. In a Truth Social post, Trump previously wrote, 'We have completed our very successful attack on the three Nuclear sites in Iran, including Fordow, Natanz, and Esfahan. All planes are now outside of Iran air space. A full payload of BOMBS was dropped on the primary site, Fordow. All planes are safely on their way home. Congratulations to our great American Warriors. There is not another military in the World that could have done this. NOW IS THE TIME FOR PEACE! Thank you for your attention to this matter.'
Hindustan Times
5 hours ago
- Hindustan Times
Ahead of Bihar polls, EC plans house-to-house survey for electoral roll
The Election Commission of India is planning to conduct an 'intensive house-to-house verification' of the voters' list in Bihar ahead of the assembly polls due in the state later this year, officials said on Sunday. Such an intensive and rigorous revision of the electoral rolls has been done in the past as well with the last such exercise undertaken in 2004 (HT Photo) Concerns have been raised by various civil society organisations, political parties and others persistently over the inclusion or deletion of names in the electoral rolls, the officials said. 'To ensure the system is completely robust and error-free, the ECI is considering an intensive house-to-house verification during the upcoming electoral roll revision before the Bihar Assembly polls,' an EC official familiar with the matter said requesting anonymity. Also Read | Ahead of polls, Nitish hikes social security pension in Bihar to ₹ 1,100; Jeevika workers honorarium doubled Such an intensive and rigorous revision of the electoral rolls has been done in the past as well with the last such exercise undertaken in 2004, the official said. The regular exercise of revision of electoral rolls is undertaken annually throughout the country by the EC and also before the holding of elections or bypolls. The provisions regarding eligibility to be registered as a voter and disqualification are clearly laid down in Article 326 of the Constitution and Section 16 of the Representation of the People Act, 1950 respectively, they said. Also Read | PM Modi targets RJD, Cong in marker for Bihar elections The voter list is revised regularly due to deaths and inclusion of new voters. Inter-state and intra-state movement of voters is another key reason why rolls need updation. For instance, during 2024, according to the forms received by the EC, 4.6 million people shifted their residence, 23 million applied for corrections and 3.3 million requested for replacement, the commission said in a statement issued on Sunday. Thus, in a single year, nearly 31 million changes were required to be made across the country, the commission said in the statement. Officials lamented that despite following a detailed protocol, insinuations and allegations are often made against the EC of arbitrarily inflating the electoral roll, even though the exercise is conducted with complete transparency and under constant scrutiny of political parties. Several parties, including the Congress, have accused the poll authority of manipulating voter data.
