Bombay HC Orders Maharashtra Govt To Compensate Families For Land Surrendered 30 Years Ago For Dudhganga Project

Mumbai: In a strong reaffirmation of the constitutional right to property, the Bombay High Court has ruled that the State cannot take over a citizen’s land — even if surrendered voluntarily — without paying fair compensation. The court ordered the Maharashtra government to compensate families whose lands were taken more than 30 years ago for a public project without completing the legal process or paying her a single rupee.

The court emphasised that in a civilised society there is no place for discrimination in the application of law and a citizen cannot be deprived of his or her rights just because s/he did not approach the courts or the authorities in time.

A bench of Justices Girish Kulkarni and Somasekhar Sundaresan, on May 2, said: “In a society governed by the rule of law, there can be no discrimination in the application of law to persons who are similarly placed. In this situation, there cannot be different standards, yardsticks and methods in the application of law, to persons of limited means, who are not literate or who are not well versed of their legitimate legal and constitutional rights or on a consideration that they belong to rural areas. Likes should be treated alike.”

The HC was hearing around five petitions by families from village Vhanur, Taluka Kagal, District Kolhapur, whose lands were earmarked for acquisition to rehabilitate people displaced by the Dudhganga Irrigation Project in 1990. Though the families handed over possession that year through what the State called a “voluntary affidavit,” her land was never included in the official land acquisition award published in 1992.

Despite surrendering the land, the families – hailing from rural areas, were not well-versed in legal rights — were never paid compensation. They approached the Deputy Collector seeking payment, and later filed a petitions in the High Court, through advocate Nitin Deshpande, after receiving no relief.

The State opposed the plea, claiming the petition was delayed by more than 30 years and citing a 2010 Government Resolution that bars compensation claims after a “reasonable period.” However, the court rejected this defence, stating that the families’ right to compensation was a “continuing cause of action.”

“It is now well settled that when Article 300A grants such protection and ensures that a person cannot be deprived of his property, no executive action can deprive the person of his property by any method not known to law,” the court said in a detailed order.

Criticising the State’s approach, the bench noted: “It is quite astonishing that the State would intend to evade its obligatory duty of paying compensation… This is certainly not permissible.”

The court held that even in cases of voluntary surrender, the government must follow legal procedures and pay compensation. “If such right and authority in the person is not recognised, it would amount to a complete negation of the rights guaranteed under Article 300A,” it said.

The HC declared that these lands must be treated as a “deemed acquisition” under the Land Acquisition Act of 1894, and directed the Collector to compute and disburse compensation from the date of possession — September 19, 1990 — along with solatium, interest, and all other statutory benefits within four months. Additionally, the State was ordered to pay Rs 25,000 as legal costs.