Bombay HC Reprimands Maha Govt Over Negligence Towards Farmers’ Plight

The Aurangabad Bench of the Bombay High Court recently reprimanded the Maharashtra state revenue authorities for their failure to provide compensation to the farmers for their lands acquired for public projects while hearing a batch of petitions filed by the farmers regarding this matter.

A division bench comprising Justice Ravindra Ghuge and Justice YG Khobragade took cognizance of the farmers’ grievances, pointing out that it would be neglecting its duty if it overlooked the farmers’ legal right to receive compensation.

The court emphasized that granting compensation to the farmers out of mere pity would not only be disrespectful to them but also to humanity as a whole.

“It is their legal right to get compensation and for a person who is vested with a legal right, the demand for justice goes hand in hand. Those who have legal right, ought not to be made to beg for justice, rather it is their right to demand justice,” the bench stated.

The Court also expressed anguish over the State government’s lack of sensitivity towards the issue, even though there was a previous mandate by the High Court in a similar set of cases.

“If insensitivity is to be blinked at by this court, we are afraid that the rule of law will not prevail and there would not only be a travesty of justice, but would result in miscarriage of justice” the bench remarked.

The Maharashtra government had resolved on July 26, 2021to compensate farmers who had received settlement awards in Lok Adalats. However, more than 40 petitioners claimed that awards dating back to 2019 had not been executed.

The bench expressed shock at the authorities’ disregard for the binding orders issued in Lok Adalats and the financial condition of farmers who had lost their lands. Additionally, the petitioners urged the Court to consider the situation of thousands of other farmers, besides themselves, who were unable to approach the High Court.

Acknowledging their responsibility, the Court concurred that neglecting the plight of similarly affected farmers would be a failure on their part. The acquiring authority informed the Court of its efforts to collect funds, but the Court remained unconvinced, labeling it a “farcical act.”

As a result, the Court issued several directions to the acquiring and revenue authorities:

• Ensure the dues of the 40 petitioners are cleared within 45 days.
• The state government must guarantee that farmers who participated in settlements at Lok Adalats since 2017 receive their compensation within 90 days.
• The state must strictly implement the 2021 resolution, ensuring compensation to farmers who entered into Lok Adalat settlements, within 180 days.
• If the government fails to adhere to the resolution, the interest component will be deducted from the salaries of the officers responsible for the payment delay.