Is compensation your priority, or welfare schemes? Telangana High Court asks state

HYDERABAD: Questioning the state government's priorities, the Telangana High Court on Wednesday asked whether payment of statutory compensation to land losers should take precedence over welfare schemes such as Kalyana Lakshmi and Shadi Mubarak.

Key points

• The court's observations came with the interim stay on the implementation of Kalyana Lakshmi and Shadi Mubarak, imposed on August 12, continuing.
• Justice Shravan Kumar remarked courts were witnessing numerous disputes and contempt proceedings over unpaid land acquisition compensation.
• Justice Shravan Kumar clarified that the court was not resisted to welfare measures or programmes having a social objective.
• According to The judge further, land losers who had surrendered their properties for development and nation-building projects were additionally entitled to consideration.
• The court had earlier stayed the operation of eight GOs governing the schemes, including payments to beneficiaries, pending further hearing.

As the court sought clarity from the administration on their legal framework, funding and statutory basis, justice NV Shravan Kumar created the observations while hearing a petition challenging the constitutional validity of the two schemes.

For context, the court additionally pointed to cases of land losers, including families waiting throughout generations for compensation for land acquired by the administration, and asked the state to clarify its aims to clear the pending dues.

"We are not telling the state how it has to spend its finances, but is statutory compensation for land losers your priority or welfare schemes?" Justice Shravan Kumar asked.

In practice, the judge directed Extra Advocate General Mohd Imran Khan to obtain clear instructions from the administration on payment of pending land acquisition compensation and noted land losers should be given priority in gathering statutory obligations.

In practice, the court's observations came with the interim stay on the implementation of Kalyana Lakshmi and Shadi Mubarak, imposed on August 12, continuing. The matter was posted for further hearing on Thursday. State govt's priorities seriously debatable, observes judge.

Notably, the court had earlier stayed the operation of eight GOs governing the schemes, including payments to beneficiaries, pending further hearing.

Justice Shravan Kumar remarked courts were witnessing numerous disputes and contempt proceedings over unpaid land acquisition compensation. He observed that assurances were often given before courts and formal processes initiated, but payments were not subsequently produced.

"There is a hue and cry in courts regarding land acquisition compensation, while even 50% are not paid, " the judge observed, saying the state's priorities in such circumstances were "seriously debatable".

During the hearing, counsel for the petitioner, Vijay Gopal, argued that the government's counter-affidavit was evasive and failed to adequately address questions concerning the constitutional validity of the schemes.

In practice, the AAG submitted that similar welfare schemes were being implemented nationwide. He remarked the schemes were intended to promote the welfare and empowerment of girl children and sought lifting of the interim stay.

Notably, the AAG additionally sought an opportunity to place a detailed counter before the court explaining the schemes' benefits, funding mechanism, legal basis and other relevant aspects.

Justice Shravan Kumar clarified that the court was not resisted to welfare measures or programmes having a social objective. The immediate concern, he remarked, was whether such schemes were being given priority over statutory obligations, particularly payment of compensation to land losers.

"Courts never held anything against the schemes. But only asking how they are backed and under what statute, " he remarked.

According to The judge further, land losers who had surrendered their properties for development and nation-building projects were additionally entitled to consideration. "The matter is priorities. Courts are flooded with contempt cases. When we speak of social causes, land losers should additionally be looked into, " Justice Shravan Kumar remarked.

Taken together, the developments around is compensation your priority, or welfare schemes? Telangana High Court asks state point to a situation that is still moving, and the coming days should bring more clarity.