Supreme Court on Thursday employed its exclusive powers under Article 142 of Constitution to rule that landowners are entitled to current market value of their plots if payment of compensation for their land acquired by a government is delayed for a long time. The order, which will bring relief and adequate recompense to many farmers and others across the country, was triggered by a petition against Karnataka Industrial Area Development Board, which in 2003 notified the acquisition of thousands of acres of land to construct the Bengaluru-Mysuru Infrastructure Corridor project. While land parcels were taken over, no award for compensation to the owners was passed.
It took contempt of court proceedings for the land acquisition officer to pass award for compensation in 2019. However, he based the compensation on rates prevalent in 2003. Ruling that the value of land must be computed as of '19, Justices B R Gavai and K V Viswanathan said, "Right to property ceased to be a fundamental right by the Constitution (44th Amendment) Act, 1978.
However, it continues to be a human right in a welfare state, and a constitutional right under Article 300A of the Constitution." Payout using '03 land rate would be travesty of justice, says SC Justice Gavai said the landowners have been deprived of their legitimate dues for almost 22 years and if the market value of the land is computed as of 2003, they would stand to lose considerably. "It is, therefore, of utmost importance that the determinat.