Case Note & Summary
The petitioners, Ashok Masu Bansode and Sunanda Ashok Bansode, were owners of agricultural lands in Village Chale, Taluka Pandharpur, District Solapur. The Respondent No.5 (Executive Engineer, Minor Irrigation) took possession of the lands in January 1992 for a public project, but no formal acquisition proceedings were initiated. After decades, in 2019-2020, the parties entered into private negotiations, and sale deeds were executed on 30 September 2019 and 16 September 2020, whereby compensation was paid to the petitioners. However, the petitioners were not compensated for the period from 1992 (when possession was taken) until the payment of compensation. They made representations to the authorities in 2020 seeking rental compensation with interest, but no action was taken. Consequently, they filed a writ petition under Article 226 of the Constitution seeking a mandamus directing the respondents to pay rental compensation at 8% per annum on the compensation amount along with 6% interest. The court examined the facts and noted that the respondents had taken possession without any legal acquisition proceedings and had paid compensation only after 27-28 years. The court held that the petitioners were entitled to rental compensation for the period of deprivation. The court directed the respondents to pay rental compensation at 8% per annum on the compensation amount from the date of possession (January 1992) until the date of payment, along with interest at 6% per annum, within eight weeks. The petition was allowed in these terms.
Headnote
A) Constitutional Law - Right to Property - Article 300A of the Constitution of India - Deprivation of Property - The petitioners' lands were taken possession of in 1992 without any acquisition proceedings. Compensation was paid only in 2019-2020 through private negotiations. The court held that the petitioners are entitled to rental compensation at 8% per annum on the compensation amount from the date of possession until payment, with interest at 6% per annum, as the State cannot deprive a person of property without compensation. (Paras 1-10) B) Land Acquisition - Compensation - Private Negotiation - The court considered that the compensation was paid after a long delay of about 27-28 years. The court directed the respondents to pay rental compensation at 8% per annum on the amount of compensation from the date of possession until the date of payment, along with interest at 6% per annum, within eight weeks. (Paras 7-10)
Issue of Consideration
Whether the petitioners are entitled to rental compensation at 8% per annum on the amount of compensation awarded through private negotiations for the period from the date of taking possession until the date of payment, along with interest at 6% per annum.
Final Decision
The court allowed the writ petition and directed the respondents to pay rental compensation at 8% per annum on the amount of compensation from the date of possession (January 1992) until the date of payment, along with interest at 6% per annum, within eight weeks.
Law Points
- Right to compensation for deprivation of property
- Article 300A of Constitution
- rental compensation for period between possession and payment
- interest on delayed compensation
