Failure by the State to compensate persons for the land they have used for more than three years would result in heavy damages - Gujarat HC.

Gujarat High Court Chief Justice Aravind Kumar and Justice Ashutosh J Shastri recently ruled that the State cannot say that it will not pay compensation for acquiring a citizen's private land for a public project.

The bench made the statement while hearing a plea filed by a farmer seeking compensation from the State. The State used a part of the farmer's land for constructing a canal in the Vadnagar district in 1983 but did not compensate him. 

The HC passed the order noting that the petitioner moved the court after nearly 39 years while the land was acquired in 1983. The HC, however, recognized that the State had used the land parcel directly without initiating acquisition proceedings, thus committing illegality that lasted for 39 years.

Because of the prayers and the delay in filing the petition, the bench asked the petitioner to give up 15 per cent interest for all 39 years.
The bench finally asked the petitioner to claim interest only for three years, which is a suitable period. The council agreed to this. 

In addition, the bench clarified that any failure by the State to compensate persons for the land they have used for more than three years would result in the imposed heavy damages. With these observations, the HC ordered the authorities to pay the compensation expeditiously.