Court’s Decision
The Jammu & Kashmir High Court ruled in favor of the petitioner, directing the respondent-Collector to promptly calculate the compensation due to Panchayat Ashmar-Farmote for land acquired for constructing the Sangaldhan-Kanthan road. The court instructed:
- The Executive Engineer (PWD) to deposit the required compensation within eight weeks.
- The Collector to disburse the compensation to the panchayat within three months of receiving a certified copy of the order.
This decision aimed to resolve a longstanding delay in the compensation process, ensuring compliance with earlier precedents and equitable treatment of the affected panchayat.
Facts
- The petition was filed by the residents of Panchayat Ashmar-Farmote, represented by their Sarpanch, seeking compensation for land acquired by the government in 1998 for road construction.
- The acquired land measured:
- 10 Kanals and 09 Marlas under Khasra No. 46,
- 01 Kanal and 07 Marlas under Khasra No. 47, and
- 01 Kanal and 04 Marlas under Khasra No. 4.
- The land was acquired for the construction of the Sangaldhan-Kanthan road in Tehsil Gool, District Ramban.
- The Collector passed an award for the common land (Maksoosa Kahascharai) in the village but failed to release compensation due to non-availability of funds from the indenting department, i.e., Public Works Department (PWD).
- The petitioners cited a 2008 High Court ruling (Habibullah Sheikh & Ors. v. State of J&K & Ors.), which held that local panchayats are entitled to receive compensation for land categorized as Maksoosa Kahascharai.
Issues
- Is the petitioner-panchayat entitled to compensation for common land acquired for public road construction?
- Has the respondent failed in its duty by unduly delaying the payment of compensation?
Petitioner’s Arguments
The petitioner argued that:
- The Panchayat Ashmar-Farmote is entitled to compensation for the land acquired under the law laid down in Habibullah Sheikh.
- The compensation award had been pending since 1998, despite repeated demands and legal proceedings.
- The delay caused hardship to the panchayat and contravened the principle of timely justice.
Respondent’s Arguments
- The respondents admitted the entitlement of the petitioner-panchayat to the compensation.
- The Collector stated that compensation could only be disbursed after the necessary funds were released by the indenting department (PWD).
- The delay in payment was attributed to the non-release of funds by the PWD, despite multiple requests from the Collector.
Analysis of the Law
The court analyzed the legal framework and previous rulings:
- It referred to its own judgment in Habibullah Sheikh & Ors. v. State of J&K & Ors., which unequivocally established that local panchayats are entitled to compensation for communal land acquired for public purposes.
- The principles of justice and equity demand that such compensation be disbursed promptly, as undue delays undermine the affected party’s rights.
Precedent Analysis
In Habibullah Sheikh:
- The court had clarified that common land, such as Maksoosa Kahascharai, when acquired for public infrastructure projects, must be compensated to the rightful custodian (local panchayat).
- This precedent reinforced the petitioner’s claim and left no room for ambiguity regarding their entitlement.
Court’s Reasoning
The court provided the following rationale:
- The petitioner’s entitlement was admitted by the respondents in their written response, removing any substantive dispute about the claim.
- The Collector had failed to fulfill its duty to disburse compensation promptly, citing the non-release of funds by the indenting department.
- The court emphasized that the delay was unjustified, as the funds for compensation should have been prioritized by the PWD.
- It recognized that the prolonged delay in compensating the panchayat violated principles of fairness and accountability.
Conclusion
The court issued the following directives:
- The respondent-Executive Engineer (PWD) must release the funds for compensation within eight weeks.
- The respondent-Collector must calculate and disburse the compensation to Panchayat Ashmar-Farmote within three months of receiving the certified copy of the order.
- Both respondents were ordered to act expeditiously to resolve the issue, ensuring compliance with the judgment in Habibullah Sheikh.
Implications
- Enforcement of Panchayat Rights: The judgment reinforces the rights of local panchayats to claim compensation for land acquired for public purposes.
- Government Accountability: The decision holds government departments accountable for avoiding unnecessary delays in fulfilling compensation obligations.
- Judicial Oversight: The court’s directive sets a clear timeline for compliance, ensuring that similar delays do not recur in the future.