Supreme Court Quashes Land Release Orders, Highlights Arbitrary Exercise of Power in Land Acquisition

Intro: In a significant judgment, the Supreme Court of India has quashed the release orders of acquired land, emphasizing the arbitrary exercise of power by the State of Haryana. The Court's decision came in response to multiple civil appeals arising from writ petitions challenging the acquisition. The bench, comprising Justices M.R. Shah and C.T. Ravikumar, highlighted the need for the State to consider future development and public interest when acquiring land for residential and commercial purposes. The judgment raises concerns over arbitrary land releases and emphasizes the State's duty to utilize acquired lands for intended purposes.

The Court observed, "The State shall take care in the future and must use the lands acquired for the purpose for which they were acquired, otherwise the object and purpose of acquiring the land will be frustrated." It criticized the State's arbitrary release of lands in favor of influential individuals and highlighted the importance of public interest over individual interests.

The case involved the acquisition of land measuring 46.49 acres in Sector 11, Kurukshetra, by the Haryana Urban Development Authority. The State had released a major chunk of the acquired land in previous cases, leaving only small plots under acquisition. The Court emphasized that while some lands were released, the State failed to utilize the acquired land for the intended residential and commercial development.

Notably, the judgment addressed specific cases where the State refused to release the acquired land. In one case, where the land was already utilized for sewage lines with an investment of approximately Rs. 17 crores, the Court upheld the State's decision not to release the land, highlighting the potential adverse consequences if the release were allowed. Similarly, in another case where the land was required for road widening, the Court held that the State's decision to retain the land for public infrastructure purposes was justified.

The Supreme Court's decision dismissed one appeal while allowing the others. It upheld the High Court's order to release the land in question from acquisition in one case. However, it quashed the release orders in the remaining cases, emphasizing the importance of public interest and the State's responsibility as the guardian of public welfare.

Date of Decision: February 24, 2023

State of Haryana & Ors.   VS Niranjan Singh & Ors. Etc