Right to property is a valuable right & State is under obligation to make payment immediately without delay

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Right to property is a valuable right & State is under obligation to make payment immediately without delay[1]



Shubham Budhiraja[2]


The Land in solan was acquired by notification for giving to Jaypee for mining purpose. The notification was challenged in HP HC. The HC dismisses the writ and held that acquisition for public purpose. Accordingly, the officer visits and determined compensation and paid. The owners filed for supplement amount which was granted by HC but not paid. The Jaypee has scheme of compromise arrangement under section 391 of 1956 act. The Hon'ble supreme court decided as to who has to pay the liability of owners as per scheme.

 

(i)          The Right to Property in our country is a net of intersecting rights which has been explained in Kolkata Municipal Corporation & Anr. v. Bimal Kumar Shah & Ors., 2024 SCC OnLine SC 968.

 

(ii)         The Court has identified seven non-exhaustive sub-rights that accrue to a landowner when the State intends to acquire his/her property

 

(iii)        That time is of the essence in determination and payment of compensation is evident from the Court’s judgment in Kukreja Construction Company & Ors. v. State of Maharashtra & Ors., 2024 SCC OnLine SC 2547 wherein it has been held that once the compensation has been determined, the same is payable immediately without any requirement of representation or request by the landowners and a duty is cast on the State to pay such compensation to the land losers, otherwise there would be a breach of Article 300-A of the Constitution.

 

(iv)        Acquisition of land for public purpose is undertaken under the power of eminent domain of the government much against the wishes of the owners of the land which gets acquired. When such a power is exercised, it is coupled with a bounden duty and obligation on the part of the government body to ensure that the owners whose lands get acquired are paid compensation/awarded amount as declared by the statutory award at the earliest.


[1] CIVIL APPEAL NO. 10662 of 2024

[2] LLB, ACS, BCOM(H) [Budhirajalawchambers@gmail.com]

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