The Supreme Court has ruled that no authority, including the government, can prevent a citizen from approaching a court under a mutually agreed contract or as part of a one-time settlement (OTS) scheme. The court censured the Haryana government for requiring plot owners who opted for an OTS scheme offering a 40% discount on land dues to withdraw their litigation.
Background of the Case
Nearly four decades ago, the Haryana government acquired over 1,500 acres of land in Panchkula for Sectors 24 to 28 and sold plots to individuals. Over the following decade, various authorities increased the compensation payable to farmers for their land, leading to additional demand notices to plot owners for corresponding increases in plot prices.
Legal Challenge
Plot owners challenged these demands before the Punjab and Haryana High Court, which directed the Haryana Shahari Vikas Pradhikaran (HSVP) to recalculate the dues. Despite recalculation, new litigation ensued over the enhanced demand notices.
OTS Scheme Introduction
In May 2018, HSVP introduced an OTS scheme offering a 40% rebate on outstanding additional demand dues, conditional on plot owners withdrawing their pending litigation. The Supreme Court bench, comprising Justices Satish Chandra Sharma and Sanjeev Sachdeva, questioned this condition, stating, “Your scheme says citizens cannot go to court if they accept OTS. How can you deprive citizens of their right to approach court, a liberty granted by the Constitution?”
Court's Observation
The court emphasized that the right to access courts is a fundamental right under the Constitution and cannot be waived through contractual agreements or government schemes. It granted relief to thousands of plot owners in Panchkula.
