January 4, 2024 - The Supreme Court in India issued a directive on January 2 ruling that landowners should be given the current market value for land acquired by the government if compensation by the latter is delayed. Employing its powers under Article 142 of the Constitution, the two-Bench judges of Justices BR Gavai and KV Viswanathan  said, "Right to property ceased to be a fundamental right by the Constitution (44th Amendment) Act, 1978. However, it continues to be a human right in a welfare state, and a constitutional right under Article 300A of the Constitution.”

This ruling will bring relief to scores of farmers and others across the nation who have faced delays in getting compensation for lands acquired by the government. 

The order was triggered by a petition against Karnataka Industrial Area Development Board, which in 2003 notified the acquisition of thousands of acres of land to construct the Bengaluru-Mysuru Infrastructure Corridor project.

No award for compensation to the owners was passed after the land was seized. In 2019, the land acquisition officer had to be found in contempt of court in order to issue a compensation award. He did, however, base the pay on the going rates in 2003. 

The landowners protested the compensation rate and went to Court in 2019 but lost their petition before a single Karnataka High Court judge. A Division Bench rejected their appeal of the unfavourable ruling.

According to Justice Gavai, the landowners were denied their rightful compensation for nearly 22 years. To give them compensation as per the land market value of 2003 meant they would suffer significant losses. 

"It is, therefore, of utmost importance that the determination of the award and dis- bursal of compensation in case of acquisition of land should be made with prompti- tude," the judge said. 

The Bench issued an order to provide compensation to the landowners as per the market value of the land as on April 22, 2019.

With Media Inputs