Possession of land by state govt: SC asks Maharashtra to come up with ‘reasonable’ compensation

New Delhi, Aug 13 (PTI) The Supreme Court asked the Maharashtra government on Tuesday to come up with a “reasonable” amount of compensation for a private party whose property was “illegally” occupied by the state more than six decades ago.

A bench of Justices B R Gavai and K V Viswanathan warned the state government that if it does not give a reasonable compensation to the affected party, the court will order the stoppage of schemes like “Ladli Behna” and order demolition of the structures built on the illegally-acquired land.

“If we do not find the amount to be reasonable, we will direct the structure, may be in the national interest or public interest, to be demolished. We will direct the compensation for illegally using that land from 1963 till today….

“Come with a reasonable figure. Ask your chief secretary to speak to the chief minister. Otherwise, we will stop all those schemes,” the bench said.

During the hearing, the Maharashtra government told the court that it is ready to pay Rs 37.42 crore as compensation.

The state government’s counsel said the revenue and forest departments have considered the land owner’s case sympathetically.

The bench asked the counsel to seek instructions from the chief secretary on higher compensation and posted the matter for 2 pm.

However, the bench was informed that the chief secretary was in a cabinet meeting and the matter was posted for hearing on Wednesday.

The court was hearing a matter related to construction of buildings on forest land in Maharashtra, where a private party has succeeded in the apex court to get possession of the land that was “illegally occupied” by the state government.

The state government has claimed that the said piece of land was occupied by the Armament Research Development Establishment Institute (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 the ARDEI’s possession.

However, later it was found that the land allotted to the private party was notified as forest land.

In its July 23 order, the bench noted that the private party, who has succeeded up to this court, cannot be denied the benefits of the decree passed in his favour.

“Firstly, the action of the state government in encroaching upon the land of a citizen was itself illegal. Secondly, the state government ought to have taken due precaution before allotting a piece of land.

“A land which is notified as forest land could not have been allotted. The state ought to have allotted a land, which has a clear title and also a land which has a marketable value,” it had said.

Noting that the matter has been pending for almost 15 years, the bench pointed out that the state government is yet to come up with a concrete proposal.