Restoration of Property Rights in Long-Delayed Land Possession Case

This case study examines the legal battle of Mr. Das & Ors. against the State for the restoration of their land and compensation for prolonged deprivation of property. Advocate Rajesh Kshetry played a pivotal role in securing justice for the petitioners.

Background

In 1963, the State took possession of Mr. Das’s land for a proposed project. However, it was later determined that the land was not required for the intended project. Despite a government order for the release of the land and multiple notices to the required body, the land was not returned to Mr. Das & Ors., even though they were present at the site as per the notices.

Legal Action

Due to the failure of the required body to return the land, Mr. Das & Ors. filed a writ petition requesting the District Magistrate (DM) and the Collector to take appropriate steps to hand over peaceful possession of the land. Despite directions, no steps were implemented, leading Mr. Das & Ors. to approach the court.

Court Proceedings and Decision

Advocate Rajesh Kshetry, representing Mr. Das & Ors., presented compelling arguments highlighting the unjust deprivation of their property despite a clear government order for its return. He emphasized the prolonged denial of their rights and the necessity for compensation.

The court, finding no valid justification for the delay, disposed of the writ petition with the following directives:

1. The DM and the Collector were ordered to deliver peaceful possession of the vacant land to Mr. Das & Ors. Within four weeks.
2. Recognizing the deprivation endured by the petitioners, the court ruled that they were entitled to compensation for the period they were denied their land.
3. The required body was directed to pay rent compensation at the current market rate from the time possession was taken.
4. The entire payment was to be made within eight weeks of the court order.
5. The compensation amount was to carry an interest of ten per cent per annum from the date the payment was owed to the actual date of payment.

Role of Advocate Rajesh Kshetry

Advocate Rajesh Kshetry’s strategic legal approach and precise articulation of the petitioners’ grievances were instrumental in securing a favourable verdict. His adept handling of the case ensured that justice prevailed, leading to the restoration of land rights and appropriate compensation for Mr. Das & Ors.

The case underscores the importance of persistent legal advocacy in addressing prolonged injustices. Advocate Rajesh Kshetry’s efforts not only restored Mr. Das & Ors.’ land but also secured rightful compensation for the years of deprivation, reaffirming the significance of expert legal representation in achieving justice.