Authority: Punjab & Haryana High Court, Chandigarh

Order Date: 30.10.2017

Case Overview

  • Petitioners: Bimla and others (CWP No.11715 of 2013) and M/s New Era Infrastructure Private Limited (CWP No.25365 of 2016).
  • Respondents: State of Haryana and others.
  • The petitions challenged the validity of land acquisition proceedings concerning 664.13 acres of revenue estates of villages Rasoi, Nangal Kalan, Kundli and Nathupur.
  • Notification under Section 4 of the Land Acquisition Act, 1894 was issued on 29.11.2001; subsequent notification under Section 6 dated 28.11.2002 covered 654.62 acres.
  • The Land Acquisition Collector’s award dated 24.11.2004 finally acquired 453.52 acres; the remaining land had no award despite notification.
  • Total compensation determined by the Collector: Rs 43,98,54,550/‑.
  • Only Rs 1,39,363/‑ was paid to one land‑owner (Satbir, son of Roop Chand) and a total of Rs 1,97,400/‑ was paid to all land‑owners, representing merely 0.04% of the determined amount.
  • No possession was taken and no development activity has been carried out since the award.
  • In CWP No.25365 of 2016, it was admitted that construction existed on the acquired land prior to the issuance of the Section 4 notification, and petitioners remain in possession of the constructed portion.
  • Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 provides that acquisition lapses if, by 1.1.2014 (five years before the Act’s commencement), either compensation is unpaid or possession is not taken.

Final Outcome

  • The Court finds that the conditions of Section 24(2) are satisfied: compensation remains largely unpaid and possession has not been taken.
  • Consequently, the acquisition of the land owned by the petitioners is declared to have lapsed.
  • The State of Haryana is at liberty to either initiate fresh acquisition proceedings or negotiate purchase/retention of the land in accordance with law, should the land be required for any project.
  • Petitioners are directed to maintain the status quo on the disputed land for a period of six months to allow the State to decide on further action.
  • The writ petitions are hereby disposed of.

Topics: Land Acquisition, Judicial Decision