Skip to main content

Right to property is a human right, HC says

Noting that right to property is now a human right, the Madras high court has directed the National Highways Authority of India (NHAI) to disburse compensation amount to an octogenarian woman, whose lands were acquired for the road widening project near Tambaram.
Justice S Manikumar, pointing out that Siriyapushpam is now more than 80 years old and that the NHAI had not paid any money in lieu of the lands taken over from her more than five years ago, said: "As right to property has been now recognized by the apex court as a human right, and considering the age of Siriyapushpam, her legitimate right to seek compensation for the lands acquired, this court sincerely hopes that the authorities would implement the directions of this court in letter and spirit within the stipulated time."
Siriyapushpam's land measuring 165sqm at Irumbuliyur villager near Tambaram was notified for acquisition by the NHAI in 2008 for widening, maintenance, management and operation of NH45. As she was not given any compensation for more than five years, she filed the present petition alleging NHAI's failure to award her compensation or use the lands for the purpose which it had been acquired for.
NHAI's counsel S Prasanna informed the bench that an administrative sanction for Rs 43 crore had already been issued. The state government's additional government pleader, on his part, said the special district revenue officer (land acquisition) would determine the amount for disbursal to persons concerned. He also requested the court that a specific time limit may be fixed for completion of the process.
Justice Manikumar, stipulating that necessary compensation amount should be deposited not later than one month, said persons such as Siriyapushpam should receive their compensation as expeditiously as possible therafter. He also directed the additional government pleader to communicate the court's orders to the authorities concerned for 'prompt implementation'. 

Comments

Post a Comment

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...
7 comments
Read more

Flat owner without legal title has consumer rights

In a significant judgment, the South Mumbai Consumer Forum has held that a flat owner legally occupying the flat would be a consumer, even if his title to the flat might be in dispute before a competent court. Thurlow owned a flat in a co-operative society. Appuswami was residing with him. In 1976, Appuswami got married in the same flat, and his wife started residing in the same flat. They had three children, born and brought up in the same flat. After Thurlow expired in 2004, Appuswami approached the High Court for inheritance to Thurlow's estate but expired while the matter was pending. His wife and children were brought on record. Subsequently, the society intervened, contending Appuswami did not have any right to the flat and it should be handed over to the Society. The Appuswami family continued to reside in the flat, and even pay the society's outgoings and maintenance charges. Later, the society stopped collecting maintenance charges from all members, as it earned...
Post a Comment
Read more

Abusing in-laws a ground for divorce: SC

Abusing in-laws and not allowing them to reside in the matrimonial home by a woman amounts to cruelty to her spouse, ground enough for grant of divorce, the Supreme Court has ruled while allowing an NRI's plea for legal separation from his wife. A bench of Justices Vikaramajit Sen and A M Sapre said such incidents could not be termed as "wear and tear" of family life as held by Madras High Court which had said that a couple must be prepared to face such situations in matrimonial relationship. The NRI had filed a divorce petition alleging that his wife was abusive to his family members and did not allow his parents and siblings to stay in his house when they visited the US. Referring to an incident, the husband told the court that his wife had once locked him and his sister out of the house and abused them saying they belonged to a 'prostitute family'. She refused to allow her sister-in-law to enter the house and even lodged a police complaint against her hu...
4 comments
Read more