SC Pulls up Maha for Dilly-Dallying on Compensation, Sends Show Cause Notice to Official

New Delhi: The Supreme Court on Wednesday pulled up the Maharashtra government for its "dilly-dallying" and "non-serious" approach in calculating compensation to be given to a person whose land it had "illegally" occupied more than six decades ago.

A bench of Justices BR Gavai, Prashant Mishra and KV Viswanathan issued a show cause notice to Rajesh Kumar, additional chief secretary of the forest and revenue department, and asked him why contempt action should not be initiated against him for "contemptuous remarks" made in an affidavit filed by the department.

The bench directed the senior IAS officer to personally appear before the court on September 9.

"When the state has sought time for the particular purpose of re-calculating the compensation, then it should have been done. It appears that the state is adopting dilly-dallying tactics," the bench said. It said it appeared from the affidavit that the state government is not serious about paying the compensation.

The bench pulled up state government counsel Nishant R Katneshwarkar for filling such an affidavit and the officer for signing the document.

"You write anything in the affidavit, the officer signs the affidavit and you expect us not to do anything," the bench told Katneshwarkar, after the lawyer sought to withdraw the affidavit and file a fresh one.

The bench warned it will stop the "Ladli Bahin" scheme launched recently in the state if the Maharashtra government does not recalculate the compensation payable to the applicant.

"It is the bounden duty of the state government to follow the law and arrive at the appropriate conclusion of payment of the compensation," the bench said, adding that the officer cannot follow a "whimsical idea" and not abide by law.

Under the 'Mukhyamantri Majhi Ladki Bahin Yojana' announced by the state government earlier this year, Rs 1,500 is transferred into the bank accounts of eligible women in the age group of 21 to 65 years whose annual family income is less than Rs 2.5 lakh.

The bench referred to the fresh affidavit filed by the state government and noted that the matter was again discussed at the highest level at a meeting chaired by the chief secretary and attended by the collector of Pune district, officers of the forest department and others, and as per fresh calculations, the compensation payable is around Rs 48.65 crore.

"The applicant as well as this court may not approve the fresh calculation made by the collector, Pune, but it is the bounden duty of the State to follow the provisions of law and to arrive at a proper calculation," the court said.

Justice Viswanathan said the state government calculated the value of the land in question as per the 1989 circle rates and only enhanced the interest payable in the fresh calculation. The authorities, he said, should have taken into account the current value of the land for calculating the compensation.

The bench noted that in compliance of the order dated July 23, the Pune collector conducted a detailed survey of the lands available with the state so that the applicant could be allotted land admeasuring 24 acres 38 gunthas. "After conducting a thorough search, it was revealed that the state has land admeasuring 14 hectare 2 gunthas situated at Moje Yewalewadi, Tq. Haveli, District- Pune. Out of the said land, land admeasuring 24 acres 38 gunthas can be allotted to the applicant. The said land is within the municipal limits of the Pune Municipal Corporation.

"The said land is near to the land at Kondhwa which was allotted to the applicant. The said land is touching the proposed development plan road,” the bench noted from the affidavit.

The top court asked the applicant to visit the Pune collector's office on August 30 so that he can survey the land and apprise the court on the next date of hearing of whether he wishes to take the allotted land in lieu of monetary compensation.

The court had earlier noted that the land belonging to the applicant was illegally taken over by the State and allotted to the Armament Research Development Establishment Institute (ARDEI).

It had said despite succeeding in pursuing his case right up to the apex court, the applicant was made to run from pillar to post to get his legitimate due.

The state government has claimed that the said piece of land was occupied by ARDEI, a unit of the Centre's Defence Department.

The government has said subsequently, another piece of land was allotted to the private party in lieu of the land that was in ARDEI's possession.

However, it later transpired that the land allotted to the applicant was notified as forest land. 

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