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

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...

Vanishing promoters and languishing shareholders

Over Rs 60,000 crore of shareholders’ wealth is stuck in 1,450 companies suspended by the stock exchanges. More importantly, near 100 per cent pledging of promoter holding appears to be common in many of these companies. This, almost rules out any chance of the companies bouncing back. The suspension is for non-compliance of the listing norms. Vanishing Companies - Definition As per the definition stipulated by SEBI, any listed company, which raised moneythrough initial public offer and, thereafter, stopped operations, did not file returnseither with the RoC or SEBI and did not exist on the registered premises wastermed as vanishing.There are provisions under Companies Act under which companies are termedvanishing companies on satisfying certain conditions. it is provided a companywould be deemed to be a vanishing company, if it satisfies all the conditions given below : a) Failed to file returns with Registrar of Companies (ROC) for a period of two years; b) Failed to fil...

Property can be sold on power of attorney - Delhi High Court

As reported in the Hindusthan Times on 5th May:-  http://www.hindustantimes.com/India-news/NewDelhi/Property-can-be-sold-on-power-of-attorney/Article1-1054964.aspx In a judgment that will benefit lakhs of Delhi residents living in co-operative housing societies and DDA flats, the Delhi High Court has quashed a Delhi government circular banning property sale in the Capital through general power of attorney (GPA). The court found that the directions in the circular, issued by the revenue department on April 27 last year, were contrary to the Supreme Court judgment dated October 11, 2011. The HC order will increase the number of saleable properties in Delhi and could bring down the value of freehold properties. According to realty watchers, on an average, around 20% of properties are registered through GPA transfers — a common way of selling leasehold properties and those that don’t have a clear title. The judgment came on a petition filed by a company, Pace Developers and ...