Administrative confusion cannot justify withholding land acquisition compensation after possession is taken.

Pursuant to the Government of India’s proposal for construction of the Indo-Bangladesh Border Fencing, certain parcels of land in South West Garo Hills were acquired in 2017 and 2018 under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

The Collector prepared a draft award on 4 September 2018, which was approved by the Joint Secretary, Revenue & Disaster Management Department, Government of Meghalaya.

Despite completion of the statutory formalities, compensation was not paid to the petitioner, the affected landowner, for several years.

After representations and several procedural orders in the writ proceedings failed to secure payment, the petitioner sought a direction for disbursement of compensation.

Whether the respondent authorities could withhold payment of compensation for acquired land for several years after preparation and approval of the draft award on the ground of administrative confusion regarding the award amount.

Whether the Court should direct the State and Union authorities to resolve the inter-departmental issues and disburse the compensation within a specified period.

The Court applied the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, under which a landowner whose land is acquired is entitled to determination and payment of lawful compensation after completion of the acquisition proceedings.

When the Government takes possession of land, it cannot indefinitely withhold compensation on account of administrative delay or inter-departmental confusion; prolonged retention of compensation without a valid legal justification amounts to an abuse of governmental power.

The authorities remain responsible for ensuring timely compliance with the statutory obligation to compensate affected landowners.

The Court found that the acquisition proceedings had been conducted under the applicable statute and that a draft award had been prepared as early as 4 September 2018.

The continued non-payment, despite the lapse of several years and the pendency of the writ petition since 2019, was not justified by the alleged confusion between the State and Union authorities concerning the amount payable.

Since the authorities had taken steps towards finalising the award and had not identified any valid legal impediment to payment, their failure to resolve the issue and release compensation constituted an unjustified administrative delay.

The Court therefore required the concerned authorities to settle the outstanding issue jointly and proceed with disbursement within a fixed time.

It directed the concerned State and Union authorities to resolve the confusion regarding the draft award without further delay and to take appropriate steps to disburse the compensation to the affected landowner within three months from 21 September 2026.

The writ petition was accordingly disposed of.