Case Note & Summary
The petitioners, who are tribals and owners of Occupancy Class II lands, challenged the deduction of 10% from their compensation awarded under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The deduction was made by the Competent Authority relying on a Government Resolution dated 15/07/2010, which required payment of nazarana (premium) on sale of tribal lands. The petitioners argued that since the acquisition was involuntary, the Government Resolution could not be applied. The court allowed the petitions, holding that the Government Resolution cannot override the provisions of the Act, which mandate payment of full compensation without any deduction. The court directed the respondents to release the deducted 10% amount to the petitioners within four weeks.
Headnote
A) Land Acquisition - Compensation - Deduction - Government Resolution - The court considered whether 10% deduction from compensation for tribal lands under Government Resolution dated 15/07/2010 is permissible in acquisitions under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Held that the Government Resolution cannot override the statutory scheme of the Act, which provides for full compensation without such deductions. (Paras 1-8)
Issue of Consideration
Whether the deduction of 10% from compensation payable to tribal landowners under a Government Resolution dated 15/07/2010 is valid in a land acquisition under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Final Decision
The court allowed the writ petitions and directed the respondents to release the deducted 10% amount to the petitioners within four weeks.
Law Points
- Land Acquisition
- Compensation
- Tribal Lands
- Nazarana
- Government Resolution
- Right to Fair Compensation and Transparency in Land Acquisition
- Rehabilitation and Resettlement Act
- 2013
Case Details
2022 LawText (BOM) (04) 32
Writ Petition No. 3545 of 2020, Writ Petition No. 3544 of 2020, Writ Petition (ST) No. 94535 of 2020
S. V. Gangapurwala, Vinay Joshi
Mr. Anil D'souza i/b. Mr. Shailesh Redekar for Petitioners, Mr. S. L. Babar, AGP for Respondents/State
Diksha Dilip Pawar & Ors., Netra Naresh Pardhi & Ors., Neera Naru @ Narendra Patil & Ors.
The Competent Authority and Sub-Divisional Officer & Ors.
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Nature of Litigation
Writ petitions challenging deduction of 10% from compensation in land acquisition of tribal lands.
Remedy Sought
Petitioners sought release of the deducted 10% compensation amount.
Filing Reason
The Competent Authority deducted 10% from compensation payable to petitioners under Government Resolution dated 15/07/2010.
Issues
Whether deduction of 10% from compensation under Government Resolution dated 15/07/2010 is valid in land acquisition under the Act of 2013.
Submissions/Arguments
Petitioners argued that the Government Resolution cannot apply to involuntary acquisitions; the Act of 2013 provides for full compensation without such deductions.
Ratio Decidendi
A Government Resolution cannot override the statutory provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which mandates payment of full compensation without deductions.
Judgment Excerpts
The petitioners claim to be the owners of the writ lands. The petitioners are tribals.
10% from the compensation amount payable to the petitioners has been withheld and/or deducted relying upon the Government Resolution dated 15/07/2010.
Procedural History
The petitioners filed writ petitions challenging the deduction of 10% compensation. The court heard the matter and reserved judgment on 23rd March 2022, pronouncing it on 13th April 2022.
Acts & Sections
- Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013:
