Supreme Court Remands Haryana Land Acquisition Case for Fresh Review

The Supreme Court of India, in Jasbir Singh & Another vs. State of Haryana & Another, addressed a land acquisition dispute where the appellants claimed unfair treatment in comparison to other landowners. The Court noted inconsistencies in the acquisition process and remitted the case back to the High Court for a fresh review.

Background of the Case

The appellants, Jasbir Singh & Another, challenged the acquisition of their land by the State of Haryana, arguing that neighboring lands had been exempted while their property was compulsorily acquired. The land in question was reportedly small, raising concerns about its viability for the intended institutional use. The High Court had dismissed their claims, leading to an appeal before the Supreme Court.

Petitioner’s (Jasbir Singh & Another) Arguments:

• The appellants contended that lands belonging to other individuals had been released from acquisition while theirs was not.
• They argued that the acquired land was too small to be used for an institution, making the acquisition unnecessary.
• The appellants presented a sketch to the Court demonstrating the inconsistency in the government’s acquisition approach.

Respondent’s (State of Haryana) Arguments:

• The government defended the acquisition, stating that it was conducted under the applicable laws and procedures.
• It asserted that the land was essential for public purposes and could not be exempted.
• The respondents maintained that the High Court had correctly upheld the acquisition.

Supreme Court’s Judgment:

• The Court found merit in the appellants’ claim that their land had been unfairly treated in the acquisition process.
• The judgment stated, “We find that there is some substance in the submission made by the learned counsel for the appellants that lands belonging to other persons have been released, whereas lands of the appellants have not been released.”
• It further noted that the small size of the land raised doubts about its suitability for institutional purposes.
• The Supreme Court set aside the High Court’s ruling and remitted the case back to the High Court for a fresh hearing.
• The parties were directed to maintain status quo until further orders were issued.
• Both parties were instructed to appear before the High Court on March 14, 2016, for the scheduling of the next hearing.
• The Court urged all parties to cooperate to ensure an expeditious resolution.

Key Takeaways

• The judgment emphasizes fairness in land acquisition, ensuring that no landowner is treated arbitrarily.
• It underscores the need for transparency in government land acquisition policies.
• The ruling reaffirms that courts must consider whether land acquired for public purposes is genuinely necessary for the intended use.

The judgment was delivered by Justice Anil R. Dave and Justice Adarsh Kumar Goel on February 9, 2016.

This ruling ensures a fair reassessment of land acquisition cases where owners claim discriminatory treatment, upholding the principles of equity and due process.

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Download Judgment: Jasbir Singh & Anoth vs State of Haryana & A Supreme Court of India Judgment Dated 09-02-2016-1741852904650.pdf