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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

Ahead of Delhi Elections, Arvind Kejriwal launches Revdi Par Charcha campaign to seek feedback on freebies

Arvind Kejriwal said 65,000 meetings will be held across Delhi at micro levels by the AAP leaders and workers.

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Ahead of Delhi Elections, Arvind Kejriwal launches Revdi Par Charcha campaign to seek feedback on freebies

The Aam Aadmi Party (AAP) on Friday launched a campaign with a tagline Revdi Par Charcha to seek public feedback on freebies. The campaign comes ahead of the assembly elections, which is scheduled to be held in February.

Former Chief Minister and AAP national convenor Arvind Kejriwal launched the campaign with his colleagues at the party office, saying while the opposition calls freebies as revdi, the party calls it services. This campaign will start on November 25 and will continue for 15 days until December 10, discussing the issues with common man.

Notably, the opposition has been targeting the AAP for providing free electricity, water and free public buses for women among other facilities. However, AAP feels freebies help citizens live a life of dignity.

Gopal Rai, AAP’s Delhi unit chief, said that so far, politicians used to enjoy the facilities, while citizens paid taxes. He continued that Arvind Kejriwal’s government decided that the people should also get the facilities like the politicians, adding the BJP called their attempt revdis. He said that AAP is launching the ‘Revdi Par Charcha’ campaign to discuss with the people in the city if the government should provide the facilities or not.

Launching the campaign, Arvind Kejriwal said 65,000 meetings will be held across Delhi at micro levels by the AAP leaders and workers. He said that AAP has six revdis for the people of Delhi. Mentioning that the Prime Minister and BJP have said several times that Kejriwal is providing freebies to the people that should be stopped, the former Chief Minister said that now people will now tell them if they want these six freebies.  He further concluded that if the BJP is elected here, they will stop these services immediately.

While listing the six services, the AAP national convenor said that Delhi is getting free electricity round the clock. He added that there was a time when Delhi used to see power cuts for 8-10 hours, but AAP ensured that the situation changed. He also noted that his party is providing free water, free pilgrimage to senior citizens, free bus rides to women, free world-class education and free medicine and treatments. Additionally, the pamphlet launched by Arvind Kejriwal also listed that soon the women in Delhi will get Rs 1,000 per month as well, later termed as the seventh revdi by the former Chief Minister.

Reports said that the paper will be circulated across the national capital. The paper also reads that if the reader feels they are getting huge water bills, they should not pay it. It mentioned that AAP will waive all water bills once Arvind Kejriwal is re-elected.

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Rahul Gandhi says air pollution in North India a national emergency, tourism declining, global reputation crumbling

“We need a collective national response, not political blame games,” the Congress leader said on his X handle.

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Leader of Opposition in the Lok Sabha Rahul Gandhi on Friday said the air pollution in North India is a national emergency that needs a collective national response and not a political blame game. The Congress leader added that due to air pollution tourism is declining and “our global reputation is crumbling”.

It is a public health crisis that is stealing children’s future and suffocating the elderly, Gandhi said, adding an environmental and economic disaster that is ruining countless lives.

“As Parliament meets in a few days, MPs will all be reminded of the crisis by our irritated eyes and sore throats. It is our responsibility to come together and discuss how India can end this crisis once and for all,” the Leader of the Opposition in Lok Sabha said.

The former Congress chief said the poorest “among us suffer the most”, unable to escape the toxic air surrounding them. Families are gasping for clean air, children are falling sick, and millions of lives are being cut short, he added.

The Rae Bareli MP noted that the pollution cloud covers hundreds of kilometres. He said cleaning it up will require major changes and decisive action from governments, companies, experts, and citizens.

“We need a collective national response, not political blame games,” the Congress leader said on his X handle.

Gandhi also shared a video on a social media platform where he discussed the capital’s air pollution with environmentalist expert Vimalendu Jha. In the video, the Congress leader said he has been facing eye-burning and breathing issues and how the last week in Delhi has been terrible.

He said, “I tell my mother to leave town this month.” Jha explains to Gandhi that the sources of air pollution in Delhi are episodic and perennial. Episodic sources are firecrackers and stubble burning, which affect the month of November. “Vehicular contributes 50 per cent of Delhi’s pollution and construction-related roadside dust is another 30 per cent,” Jha said.

The Air Quality Index in Delhi has been severe since November 16, making it five consecutive days till Wednesday. On November 15, the average AQI was 396 (very poor).

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Indian Navy submarine collides with fishing boat near Goa coast, 2 fishermen missing

A spokesperson from the Navy told the media that eleven crew have been rescued so far.

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Indian Navy submarine collides with fishing boat near Goa coast, 2 fishermen missing

Indian Navy officials on Friday said that an Indian fishing vessel with a crew of 13 collided with an Indian Naval submarine near the Goa coast. 

Following the incident, a massive search and rescue operation has been launched by the Indian Navy, which has deployed six ships and aircraft. Reportedly, while 11 crew have been rescued, two are still missing.

The Ministry of Defence issued a statement and said that the vessel, Marthoma, collided with a Scorpene-class submarine about 70 nautical miles off the Goa coast. It added that search and rescue efforts for the remaining two are underway and are being coordinated with Maritime Rescue Coordination Centre Mumbai (MRCC). It further mentioned that additional assets including from the Coast Guard have been diverted to the area to augment the efforts.

The statement said that the cause of the incident is being investigated. Notably, Scorpene-class submarines are a major part of India’s naval power in the Indian Ocean as they can undertake multifarious types of missions, including anti-surface warfare, anti-submarine warfare, intelligence gathering, mine laying, and area surveillance.

Reports said that the state-of-the-art technology utilised for the construction of the Scorpene-class submarines has ensured superior stealth features such as advanced acoustic silencing techniques, low radiated noise levels, hydro-dynamically optimized shape and the ability to launch a crippling attack on the enemy using precision-guided weapons. Furthermore, the attack can be launched with both torpedoes and tube-launched anti-ship missiles, whilst underwater or on the surface.

Meanwhile, the Indian Navy in its statement said that 13 crew members were aboard the fishing vessel at the time of the collision. It added that while 11 crew have been rescued so far, two fishermen are still reported missing.

A spokesperson from the Navy told the media that eleven crew have been rescued so far. He stated that search and rescue efforts for the remaining two crew members of Marthoma are in progress and are being coordinated with the Maritime Rescue Coordination Centre (MRCC), Mumbai. Additional assets including from the Coast Guard have been diverted to the area to augment the efforts, he continued.

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