Excelsior Correspondent
SRINAGAR, Aug 19: High Court has observed that personal benefit must give way to public interest and public interest cannot be blocked for private interest in land acquisition for projects of public importance.
Justice Tashi Rabstan said it is not a case where petitioners are deprived of their property in acquisition without following due procedure of law but the land is being acquired after following due procedure and mode of acquisition.
“So long acquisition is for public purpose, individual rights are to yield to public interest. In every acquisition by its very compulsory nature for public purpose, landowner or landholder may be deprived of the land and livelihood. The State exercises its power to eminent domain for public purpose and acquires the land. So long as the exercise of power is for public purpose, individual’s right of an owner must yield place to the larger public interest”, reads the well elaborated judgment on the issue of land acquisition and compensation.
Court said the petitioners, in the present case, have even participated in meetings of Private Negotiation Committee. “It is ancillary whether petitioners agreed to rates offered by respondents or not, but fact of the matter is that petitioners are well aware of initiation of acquisition proceedings and partook in the meetings for private negotiation for payment of compensation for the land acquired by respondents”, reads the judgment.
Court said the compulsory acquisition of land for a public purpose on payment of compensation is the mode recognised under law and if land is so acquired no grievance can be made of infringement of fundamental rights.
Court further added that it is relevant to mention here that the advantages in completion of mega project outweigh possible disadvantages. The principle that has been ingrained is that if a project is beneficial for larger public, inconvenience to smaller number of people is to be accepted.
However, court directed the authorities to make payment of compensation to petitioners for acquiring the land for construction of Grid Station, according to the prevailing market rate and according to the rates that may be agreed to by them during negotiation with respondents as has been done by respondents in the case of similarly situated persons.
“The respondents shall do well to undertake and conclude the process of making payment of compensation with respect to the land acquired, in favour of petitioners as also giving them any other benefit as is available under applicable rules, preferably, within four weeks from the date of receipt of copy of this order”, Justice Tashi directed.
The case pertains to setting up of an irrigation canal constructed by Public Works Department, for irrigation of Kharbuthang Command area which was commissioned somewhere in the year 1985 and after negotiation/ decisions taken with the local army for vacation of some portion of land from any occupation, the total command area was identified for distribution among the people.
Thereafter a committee under the chairmanship of the then Ladakh Affairs Minister, including District Development Commissioner, Kargil, Superintending Engineer, PWD Kargil and other is said to have been constituted for recommending a proposal for distribution of command area.
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