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LATEST NEWS UPDATES | Settle price before land acquisition: SC by Dhananjay Mahapatra

Settle price before land acquisition: SC by Dhananjay Mahapatra

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published Published on May 25, 2011   modified Modified on May 25, 2011
The Supreme Court on Tuesday urged the government to negotiate compensation with farmers before acquiring land for development purposes because paying a "pittance" caused heart burn.

The court told additional solicitor general P P Malhotra to "advise the government to set up a committee to negotiate and fix a settled price for land because at a time when land prices are increasing manifold, the government cannot pay them a pittance".

Governments have been compulsorily acquiring land by resorting to "public purpose" clause, leaving farmers and land owners to either litigate or protest, sometimes violently as happened in Singur, West Bengal, and Bhatta-Parsaul, Uttar Pradesh.

A vacation bench comprising Justices G S Singhvi and C K Prasad said, "In large number of cases, the anguish and dispute is over the compensation. If the governments would have formulated a reasonable compensation, then litigation would have been avoided."

It added, "Instead of resorting to public purpose for acquiring land and prolonging litigation, the government can negotiate the compensation and settle with the claimants. We know, we have travelled beyond the legal arguments, but you need to think it over."

The case in hand related to acquisition of 80 bighas of land in east Delhi's Mandoli area opposite Loni Road for setting up of a 220 KV sub-station to meet power supply needs for 2010 Commonwealth Games. A proposal was initiated in 2005 and the land was acquired after three years.

Senior advocate Dhruv Mehta said the urgency clause invoked by the government to dispense with adjudication of objections raised by his clients, who were the land owners, did not get any support from official records which only indicated a delay of more than three years.

The court sympathised with Mehta's clients and asked Malhotra to either give hearing to the land owners or sit across the table for a negotiated settlement. "You take away land for development, then you must pay a reasonable compensation," it said.

"Act reasonably and do not offer a pittance," was the court's advice to the Delhi government before it adjourned hearing in the case to Monday, when the parties will report back on the outcome of the negotiations.

The Times of India, 25 May, 2011, http://timesofindia.indiatimes.com/india/Settle-price-before-land-acquisition-SC/articleshow/8562101.cms


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