Mumbai, Feb 19: The Aurangabad bench of the Bombay High Court has come down heavily on the Maharashtra government for what it termed a “large and systemic failure” in handling land acquisition matters, directing it to immediately adopt a “mission-mode” mechanism to resolve pending cases across the State.
A bench of Justices Vibha Kankanwadi and Hiten Venegavkar, in its February 17 order, said the continued failure to complete acquisition proceedings — even after taking possession of land and completing public projects — amounts to a continuing wrong and breach of constitutional duty.
“The issues which repeatedly come before this court in matters of land acquisition disclose a deeply disturbing and systemic failure on the part of the State administration,” the court observed.
Beed case highlights prolonged delay
The remarks came while hearing a plea by residents of Beed district whose lands were acquired in 1996 by the Beed Irrigation Division for construction of a village water tank. Though possession was taken and the tank constructed the same year, acquisition proceedings were not completed and compensation was not paid.
“Once land is taken from a citizen, the obligation to determine and pay compensation is absolute,” the bench said, adding that delay and inaction in such cases have “grave and multi-dimensional consequences.”
State cannot exploit ignorance, says court
The court noted that many affected landowners are agriculturists and “illiterate or rustic persons” who may not even be aware of formal acquisition proceedings or their entitlement to compensation and statutory interest. “The State, which claims to be a welfare State, cannot be permitted to take advantage of such ignorance or helplessness,” it said.
Mission-mode mechanism ordered
Terming the problem a “larger, systemic” one repeatedly noticed in land acquisition matters, the bench said a focused administrative response was necessary. It directed the State to establish a dedicated, mission-mode structure and form a committee comprising senior officers from the revenue, finance, law and judiciary departments, with a nodal officer for coordination and monitoring. The Chief Secretary has been asked to take cognisance of the issue.
The government must identify all pending cases where possession has been taken but no award passed, or where awards have been made but compensation not deposited, and complete proceedings within a stipulated timeframe.
“The situation has reached a stage where delay can no longer be tolerated,” the court said, warning that prolonged inaction burdens both citizens and the public exchequer through escalating interest and compensation.
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Compensation to be paid within eight weeks
In the present case, though an award of Rs 31 lakh was fixed after the petition was filed in 2018, the amount remains unpaid. The court directed that compensation be disbursed within eight weeks.
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