Frame guidelines to speed up land acquisition proceedings: High court to Maharashtra government

MUMBAI: Bombay high court has directed the State government to frame guidelines for expeditious disposal of execution proceedings of land acquisition and for payment of compensation to those whose land has been acquired.
“For expeditious disposal of the execution proceedings and other proceedings pending in the courts and also for ensuring timely payment of compensation and other related benefits to the land oustees, the State Government shall frame appropriate guidelines within a period of four months,” said Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar in the June 19 order.
They were hearing a PIL by Bharat Navale, a lawyer, on the plight of individuals whose lands have been subjected to compulsory acquisition and delay in proceedings where a reference is made to the court. The petition said there is delay in execution proceedings pending before civil courts and inordinate delay by State authorities to deposit compensation amounts to those whose land has been acquired.
Advocate Tejas Dande, for Navale, drew the judges attention to certain orders of civil courts in execution proceedings saying they manifest indifference on part of the State authorities and, also sometimes, on part of the courts dealing with such matters. He said the High Court in a January 2001 order, on finding that decrees passed by the courts were not executed expeditiously, had expressed dismay and observed that the executing court must act with promptitude for expeditious disposal of land acquisition cases, particularly where hardly any dispute arises in the course of execution.
The judges said Navale’s prayers are general in nature and granting them “will not serve the cause of land oustees.” They said the prayer for framing of guidelines will require taking a policy decision which “is the preserve of the State government.” They said any guideline to be framed, by any authority including HC, would involve gathering information and date, which would not be possible for HC. “In such a situation, it will be more appropriate if the State government itself considers the plight of the land owners as highlighted in this PIL petition and takes a policy decision and frames guidelines to expedite land acquisition proceedings and proceedings for payment of compensation within a time-frame,” they added.
The judges also directed that it will be open to parties to apply for expeditious disposal of the proceedings and “it shall be considered by the court concerned with utmost seriousness and expedition.” Where the State, its authorities and instrumentalities are parties , “it shall fully cooperate for expeditious disposal of the proceedings.” The judges also directed the HC registrar general to issue an appropriate circular to courts in Maharashtra for ensuring expeditious proceedings. They clarified that it will always be open to an individual to approach HC/any other forum for redressal of his grievances.