Land Acquisition Dispute: Supreme Court Declares Acquisition Lapsed Due to Unpaid Compensation

The Supreme Court of India recently ruled in favor of landowners in a significant land acquisition dispute involving the Haryana Urban Development Authority (HUDA). The case revolved around the non-payment of compensation to the appellants, Vijay Latka and another, for land acquired under the Land Acquisition Act, 1894.

Background of the Case

The appellants challenged the land acquisition process initiated by the Haryana government under the Land Acquisition Act, 1894. They contested the Notification dated 11.11.2002, the Declaration dated 07.11.2003, and the Award dated 31.10.2005, arguing that they had not received the due compensation.

Despite their objections, the High Court dismissed their writ petition, citing that the Award had already been passed and thus the petition was not maintainable.

Key Issues in the Case

• Whether the acquisition proceedings had lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
• Whether the Haryana government had fulfilled its obligation to compensate the landowners.

Arguments Presented

Petitioners (Vijay Latka & Anr.)

• Argued that no compensation had been paid for their acquired land.
• Claimed that under the 2013 Act, failure to pay compensation results in the lapse of acquisition proceedings.

Respondents (State of Haryana & HUDA)

• Argued that compensation was available for withdrawal, but the landowners did not collect it.
• Stated that other landowners had already received compensation.

Supreme Court’s Judgment

The Supreme Court ruled that the land acquisition had lapsed due to non-payment of compensation. The Court emphasized:

• “When a land is compulsorily acquired, it is for the Requisitioning Authority to make the payment and does not require the land owner to come and receive the payment.”
• “As admittedly no compensation has been paid to the appellants in terms of the above-mentioned Award passed in the year 2005, the appellants are entitled to succeed.”

Consequently, the land acquisition was declared void, allowing the appellants to retain ownership of their land.

Conclusion

This case reaffirms the importance of fair compensation in land acquisition and sets a precedent for similar disputes. The ruling ensures that landowners are not deprived of their rights due to procedural lapses by authorities.

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Download Judgment: Vijay Latka & Anr. vs State of Haryana & O Supreme Court of India Judgment Dated 05-05-2016-1741860802331.pdf