Telangana High Court Directs Authorities to Follow New Land Acquisition Act, Calls Previous Actions Void and Lapsed
Telangana High Court Bench comprising C.J. Alok Aradhe and Justice N.V. Shravan Kumar delivered a crucial judgment today in Writ Appeal No.1614 of 2017 involving land acquisition procedures. The case was brought forward by Madanlal Vijay Kumar, the appellant, against the State of Telangana, the respondents.
Justice N.V. Shravan Kumar, delivering the verdict, observed that the “entire proceedings starting from the notification under Section 4(1) of the 1894 Act, which culminated in the award dated 05.02.2015, are void and have lapsed.” This comes as a significant ruling affecting how land acquisition would be dealt with moving forward.
The case revolves around the appellant’s claim that the land acquisition process was not carried out following the correct procedures, specifically the guidelines established under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, known as Act 30 of 2013. The appellant also argued that the respondent authorities did not pass the award within the two-year window from the initial notification, making the award unsustainable.
Responding to these claims, the court noted that the authorities had failed to conduct “fresh assessment as per Section 4 to 8 of Act 30 of 2013” and further mentioned that “no revision of market rate was undertaken as envisaged under Section 26 of Act 30 of 2013.” In a direct quote, the court highlighted that “provisions of Sections 11 to 15, 19 and 20 of the Act 30 of 2013 were not followed.”
This judgment is a significant milestone for those fighting for a fair and transparent land acquisition process. Authorities have been directed to revisit and revise the land acquisition proceedings in accordance with the law. As a consequence, the authorities have to strictly follow the guidelines laid down under the Act 30 of 2013 for any ongoing or future land acquisitions.
Legal experts suggest that this ruling is likely to set a precedent and act as a cautionary tale for authorities to meticulously follow the legal framework to avoid future complications.
Date of Decision: 20 October 2023
Madanlal Vijay Kumar VS State of Telangana
