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Citing principle of fairness, SC awards farmers more compensation than they sought

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Citing principle of fairness, SC awards farmers more compensation than they sought

[vc_row][vc_column][vc_column_text]In a path-breaking judgment, SC hikes compensation sum from Rs 115 per square yard to Rs 297 per square yard

~By Sujit Bhar

In an extraordinary judgment, the Supreme Court on September 11 directed that some villagers in Uttar Pradesh, whose land had been acquired by the state at the rate of Rs 115 per square yard, actually deserved to be paid Rs 297 per square yard, even if the farmers had not demanded compensation at that rate.

In delivering this judgment – in the matter of Narendra & Ors. v State of Uttar Pradesh & Ors – the court made an  observation which should go down in history as a precedent as judgments come. The court observed that “the mere fact that the compensation which was claimed by some of the villagers was at lesser rate than the compensation which is ultimately determined to be fair compensation, should not be a ground to deny such persons appropriate and fair compensation on the ground that they claimed compensation at a lesser rate”.

The Allahabad High Court had granted compensation to the villagers – those whose land had been acquired by the state – at the rate of Rs 115 per square yard. However, the Supreme Court set aside this judgment and set the higher compensation limit, saying that the difference in compensation, along with other statutory benefits, was directed to be paid to them within a period of three months.

Why is this verdict special? That is because a fair consideration of a demand does not just look at the demand, but also to peripheral situations that exist, often beyond the field of view of the petitioner.

Justice is not a one-dimensional, monochromatic word. It encapsulates a philosophy that Plato gave birth to while considering the genesis of justice. Being fair is one way to describe it, but Plato, in using the Greek word “dikaisyne”, pushed it more towards “morality” or “righteousness”. While these, in ancient times, were the right duties of a man, they also take into consideration societal aspects of fairness and morality. If in one tradition honour killing is righteous and moral, it isn’t in another. That is a paradox that needs to be dealt with.

What Plato wanted to do was show that justice is the quality of soul, a lack of selfishness and a general belief that it was done for the general good. It would have had been difficult in a society where death for honour was a purely divine experience.

Over and above, societal expectations on compensation vary. How would a square yard of a person’s personal farmland, handed down through generations, and his or her only source of sustenance, be compensated? At stake is not only his income, but his/her very identity.

Those are philosophical considerations and the debate can be endless. In more prosaic terms, however, compensation is indemnification, payment of damages, making amends, that which is necessary to restore an injured party to his former position. Those are the legal peripherals, as per Black’s Law Dictionary. And in judging each and every aspect of that comes the question of morality. And that is where the Supreme Court judgement has scored high on principles. That is what makes this judgment extraordinary.

While it is common practice to assume that a demand has to be judged within the ambit of normal standards, it is also inferred that the demand can be considered as the upper limit in resolution of the debate. In this case, the top court went beyond that and assumed that the demands were probably not made with full knowledge of the market.  The apex court felt morally liable to adjudicate on moral guidelines.

The Indian Supreme Court deserves a big thank you for that.[/vc_column_text][/vc_column][/vc_row]

India News

PM Modi slams Congress, SP for stance on CAA, says nobody can remove

PM Modi today addressed a rally Lalganj, Azamgarh, Uttar Pradesh, where he said nobody can remove CAA

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Prime Minister Narendra Modi on Thursday, May 16, attacked the opposition for allegedly trying to spark violence by disseminating false information over the Citizenship Amendment Act (CAA). He continued by saying that citizenship under the CAA is now being granted by the country.

The prime minister claimed no one can do it, despite the INDI alliance members claims that they will remove CAA. Get real-time updates about the 2024 Lok Sabha elections.

PM Modi said, on the CAA issue, political parties like Congress and Samajwadi Party propagate false information. They made every effort to ignite riots and burn the entire nation, including UP, the PM added. Members of this INDI alliance still maintain that Modi introduced the CAA and that it will be removed the day he leaves the office.

Challenging the opposition, PM said, Desh mein koi maai ka laal paida hua hai jo CAA hata sake? (has anyone been born in this country who has the ability to repeal the CAA?) No one is able to remove CAA, he said. Addressing the rally in Lalganj, Azamgarh, Uttar Pradesh, PM Modi said, they tried to do votebank politics under the guise of fake secularism, and they made Hindus and Muslims fight against each other.

Under the CAA, the process of giving citizenship certificate to refugees has already begun, the PM added. These are the individuals who have long been residents of the county as refugees and who suffered from the country’s religiously motivated division, PM Modi continued.

Additionally, PM Modi alleged that the Congress was ignoring these refugees.

Under the mask of CAA, the Congress and the SP attempted to spread misinformation. They tried to create disturbances in Uttar Pradesh and all across the country, he claimed.

PM Modi added that the enthusiasm displayed by Srinagar voters during the polls is evidence that nobody can reinstate Article 370 and engage in vote-bank politics.

Congress and Samajwadi Party wanted to split the national budget and give 15% to minorities, PM Modi said.

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Swati Maliwal case: Delhi CM Arvind Kejriwal refuses to answer, Akhilesh Yadav says other issues are more important

Rajya Sabha MP Swati Maliwal was assaulted by Delhi Chief Minister Arvind Kejriwal’s Personal Secretary Bibhav Kumar

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Delhi Chief Minister Arvind Kejriwal refused to comment about AAP Rajya Sabha MP Swati Maliwal’s assault case during a joint press conference with Akhilesh Yadav in Lucknow today. On Monday, May 13, Rajya Sabha MP Swati Maliwal allegedly suffered an assault by Kejriwal’s personal secretary Bibhav Kumar.

Samajwadi Party (SP) chief Akhilesh Yadav, who was attending the press conference along with AAP leader Sanjay Singh and Kejriwal, said there are other issues that are more important than this.

Kejriwal, who was seated between Akhilesh Yadav and Sanjay Singh, continued to avoid questions on the assault case. Sanjay Singh then asked about Prime Minister Narendra Modi’s silence on several topics, including the ethnic violence in Manipur.

When asked about the Swati Maliwal situation, AAP MP Sanjay Singh took a defensive posture throughout the press conference. He said that he had already given the required reaction to the issue and emphasized that the situation should not be used for political advantage.

Singh restated that the AAP operates as a unified entity. During the summit, he also expressed worries on the situation in Manipur.

The AAP MP said, after witnessing what occurred in Manipur, the entire nation was in pain, yet PM Modi remained silent on the matter. Thousands of women were raped by Prajwal Revanna, while PM Modi was pleading for Prajwal Revanna’s support. The officials physically assaulted DCW chief Swati Maliwal during our wrestlers’ protest at Jantar Mantar. PM Modi said nothing about these problems. Our family, AAP, has made a very clear statement. All these points he raised should have answers from the BJP and PM Modi. On Swati Maliwal’s issue, politics should not be engaged, Sanjay Singh added.

Meanwhile, days after the party threatened to take strict action against him, Bibhav Kumar was seen earlier on Wednesday night at the Lucknow airport with Sanjay Singh and the AAP national convener.

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Indian football captain Sunil Chhetri announces retirement, to play last match for India on June 6

India is currently trailing leaders Qatar by four points in Group A.

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Legendary Indian football player Sunil Chhetri announced on Thursday that he will be retiring from international football following the June 6 FIFA World Cup qualifying match in Kolkata against Kuwait, capping off an incredible two-decade career.

The veteran captain of the national team made his announcement in a video that he shared on social media. India is currently trailing leaders Qatar by four points in Group A.

Chhetri said, looking back on the past 19 years is a mixture of duty, pressure and extreme happiness. He said, he had never imagined that he would play so many games for the country, whether they were good or bad, but during the past two and a half months, he has. And that was a pretty strange feeling. He then though he was coming toward the conclusion that this match (against Kuwait) would be his last, Chhetri remarked.

Indian football legend Sunil Chhetri has had a spectacular career spanning more than 20 years. This talented forward has made a name for himself both on the international stage and in domestic competitions. Chhetri will play his final game at the same place where he made his India debut 19 years ago, call it a coincidence or a twist of fate. To maintain their chances of earning a ticket in the World Cup Qualifiers Round 3, India must win their match against Kuwait. India, with four points from four games and a current ranking of second in Group A, will play their last group stage match against Qatar. Only the two best teams advance.

Chhetri’s journey began in 2002 with Mohun Bagan. With stints at the Sporting CP reserves in Portugal (2012) and the Kansas City Wizards in the USA (2010), his talent quickly took him overseas. He wore the jerseys of elite teams in his native India, including Bengaluru FC, Mumbai City FC, Dempo, and East Bengal. Chhetri saw real success with Bengaluru, where he won titles in the I-League (2014, 2016), ISL (2019), and Super Cup (2018). In 2016, he guided them all the way to the AFC Cup final.

Sunil Chhetri’s performance at clubs is wonderful, his international achievements are what really make him special. India’s triumphs in the SAFF Championship (2011, 2015, 2021) and the Nehru Cup (2007, 2009, 2012) have been greatly aided by him. Most notably, he helped India win the 2008 AFC Challenge Cup, which allowed them to qualify for their first AFC Asian Cup in 27 years.

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