Supreme Court Orders Fresh Demarcation in Land Acquisition Dispute: "A Quarter of a Decade, and it Still Carries On!"

07 May 2024 8:19 AM

By: Admin

In a significant development, the Supreme Court of India has ordered a fresh demarcation in a long-standing land acquisition dispute, stemming from allegations against a government authority. The case, marked by its complexity and contentious nature, reached its latest chapter on September 22, 2023, when the Supreme Court bench comprising Hon'ble Mr. Justice Sanjay Kishan Kaul and Hon'ble Mr. Justice Sudhanshu Dhulia delivered its decision.

The heart of the matter lies in allegations against the respondent authority, which was accused of utilizing land without adhering to the proper acquisition process. This utilization included the construction of a bus stand. The case, which began years ago, culminated in proceedings that led to the quashing of acquisition proceedings. However, the court, mindful of the changed nature of the land, opted not to order the demolition of the construction on the disputed land and instead offered two options: compensation or possession restoration.

The court's observation, "A quarter of a decade, and it still carries on!" underscores the protracted nature of this legal battle.

The bone of contention in the contempt proceedings that followed was the specific land in question. The respondents claimed that there was no bus stand on Khasra No.276, suggesting that it existed on other lands. Conversely, the petitioners contended that the land being offered to them was, in fact, Khasra No.278, not Khasra No.276.

The court carefully considered the demarcation proceedings that took place after the initial judgment and concluded that the respondents had indeed offered Khasra No.276, but it had not been accepted by the petitioners.

While the court acknowledged that the matter had been needlessly prolonged by the respondents, it refrained from categorizing it as contempt. Instead, it exercised its jurisdiction under Article 142 of the Constitution of India to put an end to the controversy.

The court's decision is clear: a fresh demarcation by Revenue Authorities is necessary. Depending on the results of this demarcation, compensation will be paid if any construction is found on Khasra No.276, or the land will be restored to the petitioners if it is found unoccupied. The question of whether the petitioners can claim damages for the utilization of Khasra No.276 against the respondents has been left open for future proceedings.

Both parties have been directed to approach the Revenue Authorities for the demarcation, which is set to take place on October 9, 2023, starting at 11:00 a.m.

This decision underscores the importance of settling complex land acquisition disputes and ensuring justice is served even after protracted legal battles.

Date of Decision: 22 September 2023

RAKESH KUMAR AGGARWAL [D] BY LR vs AMIT MOHAN PRASAD & ORS.