Landowners entitled to compensation: HC

Saurabh Malik

Tribune News Service

Chandigarh, February

The Punjab and Haryana High Court has made it clear that property owners with land in the vicinity of the IAF and installations in Gurgaon were to be compensated for restrictions on use of their land.

Rapping the Union of India for its “misconceived” stand against granting compensation to them, the High Court also imposed costs of Rs 20,000. Justice Rajesh Bindal of the High Court has also directed the Union of India to take steps for assessing compensation payable to the landowners “in view of the restrictions imposed under the Works of Defence Act”.

The directions came on a petition filed by Ajit Singh and another petitioner against the Union of India and other respondents. They were seeking a direction to respondent Union of India to award compensation “on account of restrictions imposed on them for use of their land”.

The court was told that the petitioners’ land was situated on old Delhi-Gurgaon Road in Palam Vihar extension in Gurgaon. The Government of India issued a notification on February 14, 2007, declaring that the land be kept free from buildings and other obstructions.

The final declaration was issued on January 13, 2010. Despite the imposition of restrictions, the petitioners were not paid compensation under the Act.

Opposing the plea, counsel for the Union of India submitted that the land had not been acquired. The ownership remained with the petitioners. As such, they were not entitled to compensation.

Taking up the matter, Justice Bindal asserted that “ the Act clearly provides that for any restrictions imposed by declaration notified under the Act, the landowners are to be suitably compensated. The Act does not envisage a situation for acquisition of land, depriving the owners of their titles”.