Landowners Win Compensation After Improper Notice in Acquisition Case.
05 March 2024
Land Acquistion >> Property & Real Estate | Property/Real Estate Law >> Property & Real Estate
The Supreme Court recently ruled in favor of landowners in a case involving land acquisition for a housing development project in Uttar Pradesh, India. The U.P. Avas Evam Vikas Parishad (Board), responsible for the project, faced a setback due to failing to properly notify the landowners about the acquisition.
The Dispute:
The Board planned to acquire land under the U.P. Avas Evam Vikas Parishad Adhiniyam, 1965 (1965 Act) for a housing development scheme. However, the acquisition process was challenged by the landowners who claimed they were not informed about it.
The Legal Issue:
The 1965 Act mandates that the Board serve notices to the landowners before acquiring their land. In this case, the Board did not notify the respondents, even though they were the recorded owners in the revenue records.
Conclusion:
Both the High Court and the Supreme Court ruled in favor of the landowners. The courts emphasized that the Board's failure to follow the proper notification procedure rendered the acquisition process flawed.
Impact of the Decision:
While the Supreme Court acknowledged an ongoing dispute regarding the rightful ownership of the land, it directed the Board to compensate the respondents following the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013 Act). The compensation amount will be deposited in a fixed deposit account until the ownership dispute is settled in a separate court case.
Key Takeaway:
This case highlights the importance of following proper legal procedures during land acquisition. Landowners have the right to be notified about potential acquisition and can challenge the process if the authorities fail to comply with the regulations.