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by Admin
07 May 2024 2:49 AM
In a significant ruling, the Supreme Court has quashed the land acquisition process concerning a plot in Lucknow due to non-compliance with notice requirements, as mandated under the U.P. Avas Evam Vikas Parishad Adhiniyam, 1965. The judgment, delivered by Justices Surya Kant and K.V. Viswanathan, emphasized the importance of procedural compliance in land acquisition matters.
The crux of the judgment lies in the examination of compliance with statutory notice requirements under the 1965 Act. The court scrutinized the need for a pre-acquisition notice and the right of affected parties to object to the acquisition, asserting that failure to adhere to these procedures invalidates the acquisition process.
The appeal by U.P. Avas Evam Vikas Parishad challenged a High Court judgment quashing the acquisition of Khasra No. 673 in the village Hariharpur, Lucknow. The High Court had found that the tenure holders were not given an opportunity to submit objections against the proposed acquisition, a requirement under Section 29 of the 1965 Act.
The Supreme Court observed, "In the absence of any public or individual notice proposing to acquire Khasra No. 673, we find merit in the cause espoused on behalf of the respondents." This observation underlines the court's stance on the necessity of proper notice to affected parties. The court declined to resolve the title dispute but acknowledged that the lack of notice deprived respondents of the opportunity to object, thus vitiating the acquisition process.
While the acquisition process for Khasra No. 673 was held invalid, the court directed that compensation should be assessed as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. This aligns the compensation process with contemporary standards. Additionally, the court provided guidelines for handling the compensation amount amid title disputes and maintaining the status quo regarding the land.
The appeal was disposed of with directions for the appropriate government to follow certain procedures under the 2013 Act. The awarded compensation amount is to be kept in an FDR in a nationalized bank until the resolution of the title dispute.
Date of Decision: March 5, 2024
U.P. Avas Evam Vikas Parishad Vs Chandra Shekhar and Ors.
[gview file="https://lawyerenews.com/wp-content/uploads/2024/03/05-Mar-2024-UP-Avas-Vs-Chandra-Shekhar-Civil.pdf"]
