In order to protect the interest of the Scheduled Caste persons,
we further direct that the Society or other intermeddler, or power of
attorney holder shall not be paid compensation on their behalf and the
Collector/Land Acquisition Officer to ensure that the compensation is
disbursed directly to the Khatedars or their legal representatives, as
the case may be, and that they are not deprived of the same by any
unscrupulous devices of land grabbers etc. Let the compensation be
disbursed within a period of three months from today along with other
permissible statutory benefits.
The Apex Court has observed that the right to claim compensation is based on right, title or interest in the land and same cannot be transferred to a juristic person like the Society. It is the duty of the State to ensure that the benefit reaches to such persons directly and not usurped by intermeddlers as what is intended by the protection of the right to hold property of SC/ST, cannot be taken away by disbursing the compensation to Society. Persons of SC/ST, as the case may be, are the only rightful claimants to disbursal of compensation and such right cannot be tinkered with by void transaction as the purpose of compensation is the re-settlement of Scheduled Castes or tribes.
Reportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.1527-1536 OF 2013
Rajasthan Housing Board
... Appellant
- Vs –
New Pink City Nirman Sahkari Samiti Ltd.
& Anr.
... Respondents
WITH
Civil Appeal Nos.1557-1566/2013, 1577-1586/2013, 1597-1606/2013,
Dated;May 1, 2015.
Citation;(2015) 7 SCC601,AIR 2015 SC 2126
