Apex Court awards Rs.5 Crore Compensation to Family of Freedom Fighter as their Land was Confiscated by British

In one uinque decision, the Supreme Court has directed the Punjab Govt to compensate the Freedom Fighter (now deceased) for his land confiscated by the Government of British India.

The Bench comprising of Justice L. Nageswara Rao and Justice B.R. Gavai additionally enhanced the compensation as well to ₹5 crore from the earlier ₹72, 050 calculated by Punjab Government noting that the land values more than the meagre amount of ₹72050.

"It was further submitted that keeping into account that the respondent's father was a freedom fighter, generosity was shown to the respondent and an amount of Rs. 72050 was granted as compensation. However,...the amount of Rs. 72050 does not represent the value of the land belonging to the land of the respondent's father that was confiscated…Taking into account that the respondent is entitled to be compensated suitably for the land belonging to his father, we direct the State of Punjab to pay an amount of Rs. 5 crores to the respondent as full and final consideration within a period of 8 weeks from today."

The State of Punjab had submitted that he claimed 50 acres of land confiscated by the erstwhile British Government and made a representation to this effect on 11.12.1948. Later, in August, 1958 he passed away. When his wife found the said correspondence, she decided to pursue the matter.

It was submitted that neither the verification of the ownership of the land was concluded by the Government, nor could the respondents independently prove that they had title over the confiscated property. In the light of the same, she assailed the finding of the Division Bench of the High Court that the Government of Punjab had accepted that the land was confiscated. She asserted that the compensation was given merely on the consideration that Mr. Sampuran Singh was a freedom fighter.

It was further claimed by the State that the name of the owners and particulars of the concerned property did not match with official records.

To this regard, the Court referring to the documents on record stated that the Government of Punjab had indeed admitted that the respondent was eligible for compensation. Therefore, the scrutiny of the court was limited to the issue of valuation of the property.

The Court was also surprised to the fact in every order submitted by the State, it has been mentioned that the respondent could not prove his ownership, yet the Government extended the benefit of doubt to him. So, the determination is no longer on the issue of the entitlement to compensation, but only whether the respondent is entitled to the market value of the concerned property or not.

The Court stated that a perusal of the letter dated 18.07.1958 makes it clear that there was admission on the part of the Government that the concerned land was confiscated.

Conclusively, the Court agreed to the concurrent findings of the Single Judge and Division Bench of the High Court, that the land belonging to the respondent's father was confiscated, and the same was admitted by the Government of Punjab.