state paying compensation for land acquisitions is not doing charity, says the Supreme Court
Last Updated on February 27, 2024 by News Desk
The state does not constitute charity, according to the Supreme Court, when it compensates citizens who are entitled to it when the government purchases their land.
The court stressed that a citizen’s right to property under Article 300-A of the Constitution remains unalienable and that it is intolerable to deny him the ability to utilise the land for 20 years while then displaying generosity by making the necessary compensation payments.
The court was hearing a contempt case brought against Ghaziabad Development Authority (GDA) officials for their alleged inadequate compensation of some landowners whose properties were taken over by the organisation in 2004.
The top court rejected the argument that the GDA has finally given the requested compensation, noting that it took seven arduous years to determine that the area purchased was agricultural land rather than residential.
The GDA and the solicitors representing the authority in court may not have communicated clearly; the court concluded and closed the contempt of court proceedings. It determined that the GDA had not intentionally disregarded the court’s directives and closed the contempt action.
The landowners are still free to contest the compensation award if necessary, as the court made clear, adding that it has not made a decision regarding its legitimacy. A decision on any such challenge ought to be made in six months.
