Thane, Jan 01: The State Human Rights Commission (SHRC), presided over by Justice A M Badar, has directed the Thane Collector to pay fair compensation to Mohammad Latif Shaikh, whose residential and commercial
properties in Kalyan were allegedly acquired for the Mumbai–Vadodara Ramay Alignment Project without payment.
Complainant alleges acquisition without compensation
Mohd Latif Shaikh, the complainant, approached the commission stating that his landed property bearing Plot No 111 at Mouje Balyani, Taluka Kalyan, comprising his house and shop blocks, was acquired for the infrastructure project.
He alleged that despite the acquisition, no compensation had been paid to him till date, leaving him without any source of income for survival.
Collector failed to submit inquiry report
The commission noted that it had earlier directed the Collector, Thane, to conduct a fact-finding inquiry into the acquisition of the property and the issue of compensation. However, the Collector neither appeared before the commission nor submitted the inquiry report as directed.
Allegations deemed unchallenged
Taking serious note of this lapse, the SHRC observed that in the absence of any rebuttal from the Collector, the averments made by the complainant remained unchallenged and were therefore required to be accepted as true and correct. The commission held that it is the duty of the State to pay fair compensation to property owners when their land is acquired for public purposes.
Property acquired without payment, commission observes
In its order, the commission observed that it appeared the Collector, Thane, had conceded to the allegations made in the complaint. It further held that the complainant’s property had been compulsorily acquired by the State without payment of compensation, which warranted immediate corrective action.
Compensation to be paid within 30 days
Accordingly, the SHRC directed the Thane Collector to assess and pay fair compensation to Mohammad Latif Shaikh in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, within 30 days from receipt of the order.
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Complaint disposed of with directions
The commission also directed its secretary to comply with the provisions of Section 18(e) of the Protection of Human Rights Act, 1993. With these directions, the complaint was disposed of, and authorities were instructed to inform all concerned parties.
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