Union of India & Anr. vs Dr. Asket Singh & Ors.
Background
The respondents' land was requisitioned by the Ministry of Defence under the Requisitioning and Acquisition of Immovable Property Act, 1952, via a notice issued in March 1964 and published in the State Gazette in April 1964, upon which the property vested with the government. Compensation for the acquisition was not paid to the landowner for many years: a delay the Court itself described as "glaring." The respondent eventually secured a favourable ruling from the High Court granting solatium (additional compensation) and interest for the delay, and the Union of India appealed to the Supreme Court against that order.
Decision Breakdown
The Supreme Court held that a delay of about 12 years in offering compensation was arbitrary and violated Article 14 (equality before law) of the Constitution, and could even have entitled the landowner to challenge the acquisition itself as violating his property rights under Article 300A. The Court found the High Court had rightly granted solatium and interest given the long delay, and noted that the compensation had already been paid seven years prior to this appeal being heard. Expressing surprise that the government had pursued this appeal at all, the Court dismissed it as devoid of merit, though it refrained from imposing costs given the compensation had already been settled.
Lesson Learnt
The government cannot indefinitely delay paying compensation after acquiring or requisitioning private property: prolonged delay is treated as arbitrary state action, entitling the citizen to solatium and interest, and possibly even a challenge to the acquisition itself.