Land acquisition cases in Karnataka and Maharashtra in major need of overhaul

An important study by DAKSH, that analyses land acquisition cases in Karnataka and Maharashtra shows glaring shortcomings in both states. The study, conducted in three districts each of Karnataka and Maharashtra, highlights the major shortcomings in both states when it comes to dealing with court cases related to land acquisition.

This study was conducted by manually scraping data from all district court cases in the districts of Bengaluru Rural, Mysuru, and Kalaburagi in Karnataka, as well as Beed, Amravati and Raigad in Maharashtra, for the time period of 2008 to 2018. The key aspects of data from district courts that were studied were: average disposal time, average pendency time, average number of hearings, number of cases filed and disposed. Additionally, the researchers looked at land acquisition cases that reached the high court levels, both for the Karnataka High Court and the Bombay High Court.

Some of the key findings from the study are highlighted below.

Half of all land acquisition cases are related to compensation

The researchers found that the cases involving a challenge to compensation constitute 52.9% and 51% of the aggregate land acquisition litigation before the Bombay and Karnataka High Courts, respectively. Out of these compensation related cases, the Bombay High Court increased compensation in 46.8% and the Karnataka High Court did so in 41% cases. The high rate of increased compensation also shows glaring shortcomings in the government’s compensation rates and the actual land value. If government compensation for land acquisition is fair from the onset, fewer such cases would arise, ultimately leading to a lower burden on courts.

Several states yet to establish the Land Acquisition, Rehabilitation and Resettlement Authorities as mandated by the 2013 Act

According to the Land Acquisition Act of 2013, districts are barred for taking over land acquisition cases across India. All land acquisition cases must be handled by a land acquisition authority that each state was mandated to form. However, very few states created the authority, and, as a result, cases are still handled by district courts. This adds to the burden on district courts, which are already under massive pressure all over the country.

Cases remain pending for years

The duration for which cases are pending is longer than the duration for cases to be disposed of across both states. In the selected districts of Maharashtra, average pendency ranged between 1516 days and 2462 days and in the ones in Karnataka between 729 days and 4038 days.

Resolved cases also take years to execute in Maharashtra

In Maharashtra land acquisition execution cases took inordinately long (on average 1424 days). If the mere payment of money to a person whose land has been acquired can take 1424 days, it points to severe weaknesses in the executive processes around land acquisition.