Himachal Pradesh Government's Supreme Court Challenge on Land Compensation Faces Backlash

Government's Legal Challenge Draws Criticism

Munish Sood
MANDI

The decision by the Himachal Pradesh government to contest a significant High Court ruling regarding rural land compensation in the Supreme Court has sparked considerable discontent among landowners and advocacy groups. Brigadier Khushal Thakur, YSM (Retd), Patron of the Himachal Sanyukt Sangharsh Samitti, described the action as “an infringement on the constitutional and legal rights of ordinary citizens.”

The state has submitted a special leave petition (SLP) to the Supreme Court, opposing a High Court ruling from May of the previous year that invalidated a 2015 notification which set rural land compensation at the lower ‘factor-1’ rate. The High Court mandated that the government provide compensation based on the higher ‘factor-2’ formula, as stipulated by the Land Acquisition Act of 2013.

Brigadier Thakur expressed strong disapproval, stating that the High Court's ruling marked a pivotal moment in the ongoing struggle of families affected by land acquisition. “This was a landmark decision that would have benefited countless individuals across Himachal Pradesh whose lands were taken for highways, railways, and energy projects. Instead of acting on it, the government has opted to contest it, which is profoundly disappointing,” he remarked.

Having been actively involved in movements against unjust land acquisition, Brigadier Thakur accused the state of intentionally delaying rightful compensation. “The Land Acquisition Act guarantees higher compensation for rural land. By appealing to the Supreme Court, the government seems to be either denying people their rightful dues or prolonging the litigation process,” he noted.

He elaborated on the compensation framework, indicating that most states in India provide compensation closer to the ‘factor-2’ formula. “No state strictly adheres to the factor-1 compensation. The 2015 notification from the state was unfair and discriminatory, and the High Court was entirely justified in overturning it,” Brigadier Thakur stated, urging state leaders to follow the court's directives.

Under the ‘factor-2’ formula, compensation for rural land is effectively four times the market value, including solatium, whereas the ‘factor-1’ formula offers only double the market value. Landowners whose properties were acquired after April 1, 2015, received compensation based on the lower formula, leading to widespread protests and legal disputes.

Activists have raised significant concerns regarding land value assessments, claiming that compensation is often based on circle rates that fall well below current market prices. “In many regions, especially along major highway routes, the market value of land is several times higher than the official circle rates. This represents a serious injustice to the affected families,” Brigadier Thakur emphasized.

Over the last decade, Himachal Pradesh has seen extensive land acquisition for major infrastructure projects, including highway expansions like Kiratpur-Manali, Kalka-Shimla, Shimla-Mataur, and Mandi-Pathankot, as well as railway lines and hydropower initiatives. While compensation for central projects is determined by state-fixed rates, campaigners argue that the financial burden on the state government remains minimal, as it acquires relatively less land.

Critics suggest that the government's decision to approach the Supreme Court is primarily motivated by financial concerns. However, Brigadier Thakur dismissed this rationale. “Development cannot come at the expense of fairness. If the government is genuinely committed to inclusive growth, it must ensure that those whose land is taken for public projects are compensated justly and with respect,” he asserted.

He also directly urged the Chief Minister to retract the SLP and adhere to the High Court's ruling. “Upholding the judiciary and safeguarding citizens’ rights should be the foremost priority of any democratic government. Continuing this legal dispute will only diminish public trust,” Brigadier Khushal Thakur concluded.

As the case awaits consideration by the Supreme Court, families affected by land acquisition throughout Himachal Pradesh continue to demand the immediate enforcement of the High Court's ruling, warning that prolonged litigation could further escalate public discontent across the state.