 "Madras High Court")
The Madras High Court on Wednesday fixed a sum of Rs 40,000 per acre towards damage caused to the standing crops on account of Paravanar Canal Diversion activities carried out by the Neyveli Lignite Corporation (NLC) in Cuddalore district.
The court also directed the affected farmers to approach the authorities, who in turn, shall pay the compensation amount on or before August 6, 2023.
Justice S M Subramaniam passed the interim order and posted to August 7, further hearing of the petition filed by Murugan, seeking to restrain the authorities from interfering and disturbing the peaceful possession till harvest of the paddy grown in the agriculture field of the petitioner.
The judge said there was no dispute on the legal position that on the completion of the process of acquisition proceedings, the land absolutely vests with the government and thereafter the erstwhile owners of the land have no right to enter into the property.
However, in the present case, cultivation is going on for many years and the farmers were also made to believe that it will take a long time for utilization of the said land by NLC, the judge added.
The judge said under these circumstances, a test of reasonableness is to be adopted to strike a balance between the facts and the legal position and the fact that the NLC in coordination with the State has come forward to pay compensation for the damages caused to standing crops.
This court could form an opinion that the liability is to be fixed equally on the farmers who trespassed into the acquired land and also on the NLC, which had not taken adequate care to prevent the farmers from cultivating the land for many years, the judge added.
The judge said fundamental duties enumerated under Article 51-A of the Constitution states that every citizen must be a law aiding person and therefore, once the lands are acquired, the erstwhile owner, as a dutiful citizen, is expected not to commit any trespass or otherwise, which is impermissible.
The conscience of the erstwhile owners know that the land belonging to them were acquired and they have either received compensation or refused to receive compensation. The NLC in coordination with the State government agreed to pay ex-gratia compensation over and above the compensation fixed under the Land Acquisition Act.
Therefore, the court thought it fit that 50 percent liability for the damage caused to standing crops is to be fixed on the farmers side and 50 percent on NLC, which failed to take effective measures to prevent the farmers from cultivating the lands.
The NLC in coordination with the state government has assessed that the damage caused to the crops are relatable to 88 farmers and they are entitled for the compensation now determined by this court, the judge added.
The judge said considering the fact that the petitioner has claimed Rs 80,000 per acre and the authorities agreed to settle Rs 30,000 per acre, this court since fixed fifty-fifty liability for farmers. NLC has decided to fix Rs 40,000 per acre as damages caused to standing crops, which would be reasonable and to mitigate the circumstance.
The judge said the affected farmers are at liberty to approach the office of the Special Tahsildar-II, Land Acquisition, NLC, who in turn in coordination with the authorities of the NLC is directed to settle the compensation of Rs 40,000 per acre for the crops damaged on account of Paravanar Canal Diversion activities.
The erstwhile land owners are directed not to carry on any further cultivation activities in the acquired lands after harvesting the existing crops on or before September 15. 2023.
There should not be any further cultivation or otherwise and the NLC is entitled to guard the acquired land in the manner known to law. In the event of any law and order issues, the government is duty bound to initiate all appropriate actions and to maintain peace and tranquility in the locality, the judge added.
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