New Delhi: The Supreme Court on Wednesday reiterated its warning to the Maharashtra Government that it will stop all freebies schemes like Ladki Bahin if the State does not 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.
Granting last opportunity to the State Government, a bench of Justices BR Gavai and KV Vishwanathan said, “You have thousands of crores to waste on freebies from the public exchequer, you do not have the money to give to the person whose land has been deprived without following due process of law.”
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Wednesday 07 Jan. 2025
Justice Gavai’s response came when counsel appearing for the state government told the bench that the Chief Secretary was not available because of the holiday. “Conduct of the state is not of a model state. The petitioner has been deprived of their land for the past 60 years without any authority of law. The state has contended that the matter is being considered at the highest level. We are inclined to give some time to state to decide on the compensation aspect.”
“If the state does not come up with such a proposal on the next date, we will be forced to pass the order of stopping all freebies scheme in the state,” Justice Gavai told the state government counsel while noting that though 15 years have lapsed the state has not come up with a concrete proposal.
During the hearing on Tuesday, the bench warned the state government that if it did not give reasonable compensation to the affected party, the court would order the stoppage of schemes like “Ladki Bahin” 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, maybe in the national interest or public interest, to be demolished. We will direct the compensation for illegally using that land from 1963 till today,” it said.
“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.
The court was hearing a matter related to the 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 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 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.
