Landowners' Right to Object Upheld: Supreme Court Quashes Acquisition Order.
15 May 2024
Land Acquistion >> Property & Real Estate
In a recent land acquisition case, the Supreme Court of India has ruled in favor of landowners whose land was sought for a public project. The case highlights the importance of following proper procedures when acquiring land from private owners.
The case involved the acquisition of land by the state government for a public purpose. The landowners objected to the acquisition under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act of 2013). However, the objections were heard by the Sub-Divisional Officer (SDO) instead of the Collector, as mandated by the Act.
The Act grants landowners the right to object to land acquisition. This right has been interpreted by courts as akin to a fundamental right. In this case, the Collector, who is supposed to hear objections, could only be deemed the "appropriate government" for a limited area within a district and with proper designation from the state government. Since the acquisition involved a larger area and the SDO lacked such designation, the court ruled that the proper procedure wasn't followed.
The High Court had dismissed the landowners' petitions challenging the acquisition process on the grounds that a final award had already been issued. The Supreme Court, however, disagreed. It held that the mere issuance of the award couldn't negate the importance of a proper hearing on objections, which is a mandatory requirement under the law.
The Supreme Court's verdict quashed the final award and directed the authorities to consider the landowners' objections following the legal procedure outlined in the Act. This means the landowners will now have a chance to be heard by the Collector, who can then make a recommendation to the state government on the objections.