Guideline framework to expedite land acquisition proceedings: High Court to Government of Maharashtra

MUMBAI: The Bombay High Court has directed the state government to frame guidelines for expeditious completion of land acquisition enforcement proceedings and payment of compensation to those whose land has been acquired.

“In order to expedite the execution proceedings and other proceedings pending in courts and also to ensure timely payment of compensation and other related benefits to landless persons, the state government shall frame appropriate guidelines within four months,” Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar said in an order dated June 19.

They were hearing a PIL led by lawyer Bharat Navale on the plight of individuals whose land was subjected to compulsory acquisition and delays in proceedings where the matter was taken to court. The petition alleged delays in enforcement proceedings pending before civil courts and excessive delays by state authorities in depositing compensation amounts to persons whose land was acquired.

Attorney Tejas Dande of Navale County drew the judges’ attention to some orders of civil courts in foreclosure proceedings, arguing that they demonstrate indifference on the part of the state authorities and sometimes also on the part of the courts dealing with such cases. He stated that the High Court in its order of January 2001, while finding that the decrees passed by the courts were not promptly implemented, expressed dismay and observed that the executing court must act expeditiously to bring to an expeditious conclusion the land acquisition cases, especially where almost No dispute arises during implementation.

The judges said Navale’s prayers were general in nature and granting them “would not serve the purpose of land eviction”. They said the prayer for framing guidelines would require a policy decision, which “is the preserve of the state government”. They said any guidelines to be framed by any body, including the HC, would require collection of information and dates, which would not be possible with the HC. “In such a situation, it will be more appropriate for the state government itself to consider the plight of the landowners, as highlighted in the PIL petition, take a policy decision and frame guidelines to expedite land acquisition proceedings and compensation proceedings within the time limit,” they added.

The judges also recommended that parties will be able to seek a speedy conclusion to the proceedings and “this will be considered by a court of competent jurisdiction with the utmost seriousness and expediency.” If the state, its authorities and instruments are a party, it “shall cooperate fully with a view to the expeditious conclusion of the proceedings.” The judges also directed the HC chief secretary to issue an appropriate circular to the courts in Maharashtra to ensure smooth proceedings. They clarified that a person will always be able to approach the HC or any other forum to redress his grievances.