HC bats for poor land owners; says rehabilitation first is a must

Mincing no words,a division bench comprising Justices Surya Kant and Surinder Gupta has berated the “unjust,arbitrary and insensitive” action of Haryana in leaving “displaced persons in the lurch”.

The Bench has ruled that such insensitive action “must be curbed”. In a sharply-worded judgement,the Bench headed by Justice Surya Kant has “strongly deprecated the illogical malpractice of giving posthumous awards to farmers and underprivileged sections of society to whom the actual benefit under the rehabilitation policy is denied for years”.

Slamming the “paltry” compensation offered by Haryana authorities in land acquisition cases,the Bench has ruled that “the … compensation assessed by the Land Acquisition Collector (LAC) invariably is far below the actual market value and cannot wipe out the tears of silent victims of ‘eminent domain’.”

The judgement further reads that “in today’s time of high rise prices,when the petitioners do not even receive fair and just compensation for their acquired land,they cannot be thrown out on the roads with an unending hope that some day,in future,a plot or a house would be allotted to them under the policy”. As per the revised rehabilitation policy framed by Haryana which came into force on November 9,2010 people whose residential houses are acquired by the State will be given an alternative plot after due consideration and procedure.

Strongly condemning the inordinate delay caused in “due consideration”,the High Court has now held that landowners will be displaced only after they are rehabilitated.

Making a special mention of Gurgaon,the division bench has held “we must take judicial notice of the fact that in several cases landowners are struggling hard through execution proceedings to recover the compensation amount in respect of acquisitions at Gurgaon and their legitimate dues are not paid for years despite adopting one or the other lawful means”.

The judgement reads,“in such like affairs,the respondents (State authorities) cannot be permitted to unilaterally acquire the land,utilise it for a public purpose and then leave the displaced persons in lurch to run from pillar to post for the recovery of compensation or for rehabilitation in terms of the government’s own policy. The least that can be expected is that the authorities .. grant the rehabilitation package to the landowners simultaneously”.

The directions were passed on a petition filed by poor land owners who had moved the high court challenging acquisition of land for Sectors 81 to 95 in Gurgaon. The petitioners had alleged that the “purported public purpose of construction of sector roads is actually a private purpose to facilitate and benefit private builders as the land falling within these sectors is owned by private builders only and the proposed roads are to be constructed to promote their business”.

Over hundred houses are sought to be acquired by Haryana for construction of sector roads. In a big relief for the owners,the High Court has held that they will not be dispossessed until and unless the State provides them alternative shelter. The court has directed the State to review its decision of uprooting hundreds of people. Terming it “indiscriminate” acquisition by Haryana,the court said “we find no rhyme or reason for indiscriminate acquisition of such properties,more so when the recommendations made by LAC to release the constructions have been brushed without any rationale”.