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Mumbai: The Bombay High Court has reprimanded the Maharashtra Housing and Area Development Authority (MHADA) for not paying compensation to a land owner for 36 years. MHADA had acquired the petitioner's land in 1988. The Bombay High Court said that MHADA's act is a violation of a person's constitutional and human rights.
The first hearing of the case was held in the division bench of the High Court in the year 2023. The MHADA official responded that the original records of land acquisition were not available. On August 5, 2003, the Bombay High Court was directed to make all efforts to trace the original records. However, the respondent authorities neither produced the records nor paid compensation to the petitioner. The High Court took up the matter for final settlement of the case.
A division bench of Justices M.S. Sonak and Kamal Khara expressed disappointment that even after 36 years, the respondent authorities have not searched the land acquisition records and have not made any effort to determine the amount of compensation. The respondent authorities have not furnished any reason for the inordinate delay in awarding compensation to the petitioner.
The court said that 'the conduct of the respondent shows that he has taken the property of a citizen without giving any compensation and without authority of law.'
The court said that 'the petitioner's right to get compensation for compulsory acquisition of his property cannot be ignored on the weak pretext of non-availability of original documents.'
“This action or failure to act by the respondent is a violation of the constitutional and human rights of the petitioner. MHADA should be compelled to pay compensation for the violation of the constitutional and human rights of the petitioner.”
The court ordered the Special Land Acquisition Officer to investigate and determine the amount of compensation. Considering the circumstances of the case, the court ordered interim compensation.
Based on the principles enunciated in the Mahada Act and the rules for determining compensation, the court decided Rs. 25 lakh compensation to the respondent authorities on an interim basis.
The petitioner was awarded Rs. 5 lakh for violation of his constitutional and human rights. The court ordered to pay Rs. 5 lakh.
