HC nixes GR allowing 10% deduction in land comp paid to tribals

MUMBAI: The Bombay high court on Wednesday struck down a July 2010 Government Resolution (GR) issued by the state government authorising the deduction of 10% from the compensation paid to tribals for the acquisition of the Class II occupancy lands allotted to them by the government.

“Only because the land given to the tribal is Occupancy Class II land, that itself would not empower and/or authorize the State to deduct 10% from the amount payable to the petitioners on account of compulsory acquisition,” said the division bench of justice SV Gangapurwala and justice Vinay Joshi.

“The same does not stand to any reason and erodes upon the occupancy rights of the petitioners,” the bench added.

The court was hearing a bunch of petitions filed by tribals from Vasai. They approached the high court questioning the validity of the GR, after 10% of the amount payable to them as compensation for land acquisition was deducted. They contended that though there are restrictions on their holdings since it was a compulsory acquisition, the government had no right to withhold and/or deduct 10% of the compensation.

The government responded to the petitions, arguing that under two earlier GRs the permission to sell agricultural land held on a Class II occupancy basis is granted on the condition that the landholder shall pay to the Government 50% of the net unearned income. But, in the case of acquisitions, since the tribals are not willingly selling the lands, the government took a conscious decision to deduct only 10% of the compensation, as scheduled tribes are protected by law and are a weaker section of the society.