The Supreme Court of India has issued a stern warning to the Maharashtra government, threatening to halt several welfare schemes, including the 'Mukhyamantri Majhi Ladki Bahin Yojana,' if the State fails to compensate landowners affected by the denotification of reserve forest land. The warning was delivered during a hearing on Wednesday by a Bench comprising Justices BR Gavai and KV Viswanathan.
The case centers on Maharashtra’s failure to comply with a Supreme Court directive requiring the State to pay compensatory afforestation levies for the denotification of forest land in Pashan, Pune. The Court's frustration has grown, especially considering the recent introduction of welfare schemes totaling ₹96,000 crores ahead of the elections.
Justice Gavai made the Court’s position clear, stating, "If you (Maharashtra) do not pay, unless we permit, we will not allow all those freebies in the State. We will stop ladki bahu, behn... It is a holiday tomorrow, else if we would call the Chief Secretary tomorrow (and) it would be solved. But we also do not want to burden the State exchequer. We are constrained to make those observations. You have thousands of crores of public money (for freebies) but you cannot compensate someone who was deprived of land without due process."
The Court has given the State until August 28 to resolve the matter. Failure to do so could result in the summoning of the Chief Secretary and the suspension of the 'Ladki Bahin Yojana' and other similar schemes.
Earlier, on August 7, the Supreme Court criticized the Maharashtra government's budget, which included the 'Mukhyamantri Majhi Ladki Bahin Yojana,' offering ₹1,500 monthly to eligible women aged 21-65. The Court pointed out the irony in the State’s willingness to spend on welfare schemes while neglecting its legal obligations, remarking, "You have enough of money for Laadli bahu (schemes) and all. All the money spent on freebies, you should take money for compensating the loss of land."
Despite these directives, Maharashtra has delayed the payment, citing complications in determining rates. The State's counsel explained, "We are ready to pay but are facing difficulty; there is no Ready Reckoner Rate for defence land." However, the Court was unimpressed and warned that any further delay would lead to the imposition of the highest compensation under the 2013 Land Acquisition Act.
Justice Gavai closed the hearing with a final caution, stating, "If you do not come with answers that day (August 28) then we will direct highest compensation under 2013 (Land Acquisition) Act. Do not wait for this order to be uploaded, it was passed in your presence."
This case touches on a larger issue currently under the Supreme Court's consideration: the regulation of 'freebies' promised by political parties during elections. The Court is hearing a plea from BJP leader and advocate Ashwini Kumar Upadhyay, who argues that such promises need to be regulated. While the Court observed in October 2023 that it cannot control pre-election promises, the current case underscores its willingness to intervene when these promises come into conflict with legal responsibilities.
The Supreme Court's ultimatum to Maharashtra highlights a critical tension between the need for political accountability and the State’s obligations under the law. As the August 28 deadline looms, the State must decide whether to comply with the Court’s directives or face the consequences of suspended welfare schemes and increased compensation costs. This case serves as a reminder of the judiciary’s crucial role in ensuring that governmental actions align with both legal and financial responsibilities.
TAGS: Supreme Court Maharashtra delay compliance compensatory afforestation levies denotification forest land Pashan Pune
