Bombay High Court: The petitions were filed highlighting the issue of acquiring authorities and revenue authorities showing scant respect to the Lok Adalat awards and having no regard or respect for the precarious financial condition of the petitioner-farmers who have lost their lands and having compromised their rights through the Lok Adalat award as long ago as on 17-12-2019 and not paying compensation amounts on time. Ravindra V Ghuge, J., directed the compensation to be paid to the farmers who have entered settlement within 180 days, failing which, the officers responsible for the delay will pay from their salaries along with interest.
Various lands were acquired from farmers for a public project. Lok Adalat awards direct and ensure compensation is paid to the farmers within six months of the Lok Adalat award. The State of Maharashtra issued a Government Resolution dated 26-07-2021 directing the acquiring authority to shoulder the responsibility of ensuring that the funds are asked for and collected for making the payment of compensation amounts.
The Court noted that time and again directions are being issued by the Court to the acquiring body as well as the State to ensure that the Lok adalat awards are satisfied within stipulated periods. A farmer’s life is a tale of continuous experimentation and struggle for existence. Mere words or a visual can never convey what it means to live a life as an Indian farmer unless one experiences their struggle and their miseries.
The Court further noted that despite the mandate of the Court, it appears that neither the acquiring authority nor the State Government is being sensitized. If insensitivity is to be blinked at by the courts, the rule of law will not prevail and there would not only be a travesty of justice but would result in miscarriage of justice. Any injustice caused to such farmers cannot be countenanced.
The Court recorded “We would be failing in our duties if we do not consider the plight of all farmers who are not before the Court, alongside these petitioners, as they are identically situated and have not been able to reach this court for reasons best known to all, which is primarily due to lack of finances.”
Thus, the Court directed the State Government to ensure that the compensation amounts to the farmers who have entered Lok Adalat settlements shall be paid within 180 days, as per the G. R. dated 26-7-2021. Failing to make such payments would legally entail interest component, which would be calculated and the officers who would be responsible for the delay, shall have to be pay the said interest component from their salary.
The Court further directed the acquiring authorities and the State to clear the entire legal dues of these petitioners, on the backdrop of some payments having been made, within 45 days of the date of order. It was also directed to the acquiring body as well as the State to ensure that those farmers who have presently entered Lok Adalat settlements from 2017 onwards, provided there are no such cases prior thereto, are paid their awarded amounts, within 90 days from the date of order.
[Vasudeo Sonu Patil v. State of Maharashtra, 2023 SCC OnLine Bom 1437, decided on 07-07-2023]
Advocates who appeared in this case :
Mr. Ajeet B. Kale a/w Ms Sakshi A. Kale – Advocates for the Petitioners;
Mr. S. P. Tiwari – AGP for respondent/State;
Mr. A. D. Pawar – Advocate for respondent no. 4.
