Case Note & Summary
The petitioner, Sanjay Mahadeo Japkar, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging a Government Circular dated 27th February 2020 issued by the Planning Department (EGS Division), Mantralaya, Mumbai. The petitioner's land was acquired by respondent No.3 (District Collector, Beed) for construction of a Village Tank under the Employment Guarantee Scheme. Possession was taken on 24.12.2002 with consent, subject to completion of acquisition proceedings. The acquisition proceedings were initiated in 2006 but due to shortcomings by the State authorities, the award could not be passed. The petitioner sought compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act) and the Maharashtra Rules, 2014. The impugned Circular directed that compensation under consent award be paid only up to 50% of the market value, which the petitioner argued was contrary to the Act and Rules. The Court analyzed the provisions of the RFCTLARR Act, 2013, particularly Sections 26, 27, and 28 regarding determination of market value and consent awards. It held that the Circular was ultra vires the Act and Rules as it sought to restrict compensation below the statutory minimum. The Court quashed the Circular and directed the respondents to pass an award in accordance with the Act and Rules, considering the petitioner's entitlement to full compensation. The judgment emphasized that executive instructions cannot override statutory provisions.
Headnote
A) Land Acquisition - Compensation - Consent Award - Government Circular - The impugned Circular dated 27.02.2020 issued by the Planning Department (EGS Division) restricting compensation under consent award to 50% of market value was held ultra vires the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and the Maharashtra Rules, 2014. The Court held that the Circular cannot override the statutory provisions and that the consent award must be in conformity with the Act and Rules. (Paras 1-22)
Issue of Consideration
Whether the Government Circular dated 27.02.2020, which restricts payment of compensation under the consent award to the extent of 50% of the market value, is ultra vires the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and the Maharashtra Rules, 2014.
Final Decision
The Court allowed the writ petition, quashed the Government Circular dated 27.02.2020, and directed the respondents to pass an award in accordance with the RFCTLARR Act, 2013 and Maharashtra Rules, 2014, considering the petitioner's entitlement to full compensation.
Law Points
- Land acquisition
- compensation
- consent award
- government circular
- ultra vires
- RFCTLARR Act
- 2013
- Maharashtra Rules
- 2014
- Article 226
- Article 227
