Punjab and Haryana HC Resolves 64-Year Land Dispute: A Landmark Decision
CHANDIGARH: In a significant ruling, the Punjab and Haryana High Court has resolved a prolonged 64-year land dispute, instructing authorities to compensate landowners for the usage of their land since 1961. The case involves a piece of land in a Hisar village, which has been used by the power distribution company, Dakshin Haryana Bijli Vitran Nigam Limited (DHBVN), without proper acquisition.
The court’s decision, delivered by Justice Pankaj Jain, mandates that compensation be calculated based on the land rates prevalent in 2005—the year the landowners filed for possession—rather than the rates from 1961, as DHBVN had requested. Justice Jain emphasized, “Granting compensation at the market rate prevalent in 1961 would be a travesty of justice,” highlighting the 44 years during which the landowners were deprived of their rights.
The petitioners, led by Arjun Lal and other residents of Barwala, have been battling to reclaim their 8 kanal 8 marla land, which was appropriated for a powerhouse without due compensation. A lower court had previously denied them possession but offered compensation instead. The high court, however, recognized the injustice faced by the landowners and ruled that DHBVN must pay user charges of Rs 1,000 per year from 1961, increasing by 10% every decade, along with 6% interest per annum until the deemed acquisition in February 2005.
Furthermore, the court directed the Hisar commissioner to expedite the acquisition process and issue a compensation award within three months.
This landmark ruling not only restores justice to the affected landowners but also sets a precedent for similar disputes in India, emphasizing the importance of fair compensation and rightful ownership.
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