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HIGH COURT OF BOMBAY
G.S.KULKARNI, SOMASEKHAR SUNDARESAN
Rama Yallappa Bharmal – Appellant
Versus
Deputy Collector, Spl. Land Acquisition – Respondent
ORAL JUDGMENT (Per G. S. Kulkarni, J.):-
Preface
1. In a society governed by the rule of law, there can be no discrimination in the application of law to persons who are similarly placed. In this situation, there cannot be different standards, yardsticks and methods in the application of law, to persons of limited means, who are not literate or who are not well versed of their legitimate legal and constitutional rights or on a consideration that they belong to rural areas. Likes should be treated alike. This is a Constitutional guarantee of equality before the law and equal protection of the laws in a welfare state. It is the solemn duty and responsibility of the State to uniformly apply the law, as also take corrective actions when it is noticed that the State’s actions are in breach of law and the constitutional rights. Any breach of such fundamental mandates has no place in a civilized society. These issues, which stem from the guarantee of equality of rights and the constitutional recognition of a right not to be deprived of property, save by authority of law, confronts us in the present proceedings.
2. Rule. Respondents waive service. By consent of the parties, heard finally.
3. T
The duty to compensate upon land acquisition is a constitutional safeguard, ensuring no individual is deprived of property without legal due process and fair compensation, embodied in Article 300A.
The court held that delay does not negate the right to compensation for property unlawfully appropriated by the State, emphasizing the need for due process and just compensation under established law....
(1) State cannot shield itself behind ground of delay and laches in such a situation – There cannot be a limitation to doing justice.(2) Acquisition of land – Nobody can be deprived of liberty or pro....
The court affirmed that oral consent for land acquisition must be evidenced in writing, and deprivation of property without compensation violates constitutional rights.
Landowners are entitled to due process and compensation for property utilized by the State without formal acquisition, as under Article 300A of the Constitution.
The right to property under Article 300-A mandates compensation for land acquisition, and the State cannot deprive landowners of their property without due process and compensation.
Article 300A only limits powers of State that no person shall be deprived of his property save by authority of law.
Landowners cannot be deprived of their property without due process and just compensation, regardless of implied consent due to prolonged silence on compensation claims.
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