Case Note & Summary
The petitioner, Nandkumar s/o Tukaram Janrao, filed a writ petition seeking compensation for his agricultural land admeasuring 12 R from Gut No. 104 at village Vakti, Tq. Vaijapur, Dist. Aurangabad, which was acquired in 1979 by Respondent No. 4 for construction of the Nandur-Madhmeshwar Canal. The Special Land Acquisition Officer passed an award on 31-01-1981 determining compensation of Rs. 552, but the petitioner or his father never received the compensation, nor was it deposited in court. No notice was issued to them at any time. The petitioner made representations on 21-05-2018, 12-01-2022, and 21-01-2022, but no action was taken. The respondents argued that the award was passed under the Land Acquisition Act, 1894, and the petitioner's claim is barred by limitation. The court analyzed the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, particularly Sections 24, 38, and 69, and held that since compensation was never paid, the acquisition was not complete, and the petitioner is entitled to compensation under the 2013 Act. The court rejected the limitation argument, noting that non-payment is a continuing wrong. The court directed the respondents to pay compensation within three months, failing which interest at 12% per annum would accrue from the date of the award until payment.
Headnote
A) Land Acquisition - Compensation - Non-Payment - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Sections 24, 38, 69 - The petitioner's land was acquired in 1979 and an award was passed in 1981, but compensation was never paid nor deposited in court. The court held that the petitioner is entitled to compensation under the 2013 Act as the acquisition was not completed due to non-payment, and directed the respondents to pay compensation within three months, failing which interest would accrue. (Paras 1-16) B) Land Acquisition - Limitation - Continuing Wrong - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - The court held that non-payment of compensation is a continuing wrong, and the petitioner's representations from 2018 onwards were within a reasonable period, thus the claim is not barred by limitation. (Paras 10-12) C) Land Acquisition - Notice - Non-Issuance - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 38 - The court noted that no notice was issued to the petitioner or his predecessor before or after the award, violating the principles of natural justice and statutory requirements. (Paras 3, 8)
Issue of Consideration
Whether the petitioner is entitled to compensation for land acquired in 1979 under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, despite the award being passed in 1981 and no payment having been made.
Final Decision
The court allowed the writ petition, directing respondents to pay compensation to the petitioner as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 within three months from the date of the order. If compensation is not paid within three months, it shall carry interest at 12% per annum from the date of the award until payment.
Law Points
- Compensation for land acquisition
- Right to Fair Compensation and Transparency in Land Acquisition
- Rehabilitation and Resettlement Act
- 2013
- Limitation for seeking compensation
- Mandamus for payment of compensation
