Munish Sood
MANDI
The Himachal Pradesh government’s decision to challenge a landmark High Court ruling on rural land compensation in the Supreme Court has triggered widespread resentment among landowners and rights groups, with Brigadier Khushal Thakur, YSM (Retd), Patron, Himachal Sanyukt Sangharsh Samitti, terming the move “an attack on the constitutional and legal rights of common citizens”.
The state government has filed a special leave petition (SLP) before the Supreme Court against a Himachal Pradesh High Court order delivered in May last year, which had struck down a 2015 state notification fixing land compensation in rural areas at the lower ‘factor-1’ rate. The High Court had directed the government to grant compensation under the higher ‘factor-2’ formula, in line with the provisions of the Land Acquisition Act, 2013.
Reacting strongly, Brigadier Khushal Thakur said the High Court judgment was a milestone in the long struggle of land-affected families. “This was a historic verdict that would have benefited lakhs of people across Himachal Pradesh whose land was acquired for highways, railways and power projects. Instead of implementing it, the government has chosen to challenge it, which is deeply disappointing,” he said.
Brigadier Thakur, who has been closely associated with movements against arbitrary land acquisition, alleged that the state was deliberately trying to delay rightful compensation. “The Land Acquisition Act clearly guarantees higher compensation for rural land. By moving the Supreme Court, the government is either trying to deny people their legitimate dues or push the matter into prolonged litigation,” he remarked.
Explaining the compensation mechanism, he said most states in the country offer compensation closer to the ‘factor-2’ formula. “No state fixes compensation strictly at factor-1. The 2015 notification of the state government was unjust and discriminatory, and the High Court was absolutely right in setting it aside,” Brigadier Thakur said, urging the state leadership to comply with the court’s directions.
Under the ‘factor-2’ formula, compensation for rural land effectively amounts to four times the market value after adding solatium, while under ‘factor-1’, landowners receive only double the market value. Landowners whose land was acquired after April 1, 2015, were compensated under the lower formula, leading to widespread protests and legal challenges.
Activists have also raised serious concerns over the assessment of land value, alleging that compensation is often calculated on the basis of circle rates, which are significantly lower than prevailing market prices. “In many areas, particularly along major highway corridors, the market value of land is several times higher than the official circle rates. This is grave injustice to the affected families,” Brigadier Thakur pointed out.
Over the past decade, Himachal Pradesh has witnessed extensive land acquisition for major infrastructure projects, including highway expansions such as Kiratpur-Manali, Kalka-Shimla, Shimla-Mataur and Mandi-Pathankot, besides railway lines and hydropower projects. While compensation for central projects is paid as per rates fixed by the state, campaigners argue that the financial burden on the state government itself remains limited, as it acquires comparatively less land.
Critics allege that the government’s move to approach the Supreme Court is driven primarily by fiscal concerns. However, Brigadier Thakur rejected this justification. “Development cannot come at the cost of injustice. If the government is serious about inclusive growth, it must ensure that people whose land is taken for public projects are compensated fairly and with dignity,” he said.
He also appealed directly to the Chief Minister to withdraw the SLP and implement the High Court’s order. “Respecting the judiciary and protecting citizens’ rights should be the priority of any democratic government. Continuing this legal battle will only erode public trust,” Brigadier Khushal Thakur asserted.
As the matter now awaits consideration before the Supreme Court, land-affected families across Himachal Pradesh continue to demand immediate implementation of the High Court verdict, warning that prolonged litigation could further deepen public anger across the state.
